The Code on Wages, 2019
Section 8. Procedure for fixing and revising minimum wages
In simple words
- To fix or revise minimum wages, the appropriate Government either appoints committees to recommend rates, or publishes its proposals and considers them on a date not less than two months later s. 8(1).
- A committee has equal numbers of employer and employee representatives, and independent members of not more than one-third of the total s. 8(2).
- A new rate comes into force three months after the notification is issued, unless the notification says otherwise s. 8(3).
- Rates are to be reviewed or revised ordinarily at intervals of not more than five years s. 8(4).
An explanation, not the law. The official text below prevails.
Official text
(1) In fixing minimum rates of wages for the first time or in revising minimum rates of wages under this Code, the appropriate Government shall either—
(a) appoint as many committees as it considers necessary to hold enquiries and recommend in respect of such fixation or revision, as the case may be; or
(b) by notification publish its proposals for the information of persons likely to be affected thereby and specify a date not less than two months from the date of the notification on which the proposals shall be taken into consideration.
(2) Every committee appointed by the appropriate Government under clause (a) of sub-section (1) shall consist of persons––
(a) representing employers;
(b) representing employees which shall be equal in number of the members specified in clause (a); and
(c) independent persons, not exceeding one-third of the total members of the committee.
(3) After considering the recommendation of the committee appointed under clause (a) of sub-section (1) or, as the case may be, all representations received by it before the date specified in the notification under clause (b) of that sub-section, the appropriate Government shall by notification fix, or as the case may be, revise the minimum rates of wages and unless such notification otherwise provides, it shall come into force on the expiry of three months from the date of its issue:
Provided that where the appropriate Government proposes to revise the minimum rates of wages in the manner specified in clause (b) of sub-section (1), it shall also consult concerned Advisory Board constituted under section 42.
(4) The appropriate Government shall review or revise minimum rates of wages ordinarily at an interval not exceeding five years.