Section 5. Payment of minimum rate of wages

In force since 21 Nov 2025Chapter II — Minimum Wages

In simple words

No employer may pay any employee less than the minimum rate of wages notified by the appropriate Government s. 5.
The Code does not state the rates; they are fixed and revised by notification s. 5 s. 8(3). See the minimum wages guide.

An explanation, not the law. The official text below prevails.

No employer shall pay to any employee wages less than the minimum rate of wages notified by the appropriate Government.

Source: The Code on Wages, 2019, Act No. 29 of 2019 — Gazette of India, p. 6 of the PDF. Open our copy at p. 6 · official download · all sources

“The concept of scheduled employment has been done away under the Code on Wages. The Code is now universally applicable to all employees, irrespective of their sector or category.” Q1, FAQs on the Code on Wages, 24 Dec 2025: official copy · our copy

This is the Ministry's explanation, not the law. Its FAQs and Handbook say the Codes prevail.

Bijay Cotton Mills Ltd. v. State of Ajmer, [1955] 1 S.C.R. 752: decided on the Constitution: whether the restrictions the Minimum Wages Act, 1948 puts on the freedom of trade or business are reasonable under Article 19. Whether the Minimum Wages Act, which makes it an offence to pay less than the minimum wages fixed under it, puts unreasonable restrictions on employers and workers.
Sanjit Roy v. State of Rajasthan, [1983] 2 S.C.R. 271: decided on the Constitution, on wages below the minimum wage notified under the Minimum Wages Act, 1948: Article 23 (forced labour) in the opinion of Bhagwati J., and Article 14 (equality) in that of Pathak J. Whether the State could pay workers on famine relief works less than the minimum wage, under a State Act that excluded the Minimum Wages Act from those works.

Decided under the law this Code replaced. Each case page gives the Court's words with the Code text and says where the wording differs.

Notification wording (1)