Rule 5. Norms of fixation of minimum rate of wages and the arduousness of work to be considered under sub-section (6) of Section 6

(1) While fixing the minimum rates of wages under section 6, the State Government shall take into account the followings:–

(i) geographical area;

(ii) experience in the area of employment; and

(iii) level of skill required for working under the categories of unskilled, semi skilled, skilled and highly skilled:

Provided that the State Government shall not fix minimum wages and allowances of State Government employees under this Code.

(2) The State Government shall constitute a technical committee for the purpose of advising the State Government in respect of skill categorization of occupation, arduousness of work, hazardous occupations or processes and underground work and like other categorization, which shall consist of the following members, namely:-

(a) Labour Commissioner, Uttar Pradesh - Chairperson;

(b) Director, Employment – Member;

(c) Mission Director, Uttar Pradesh Skill Development Mission or his representative - Member;

(d) Commissioner and Director, Industries, Uttar Pradesh or his representative- Member;

(e) Director of Factories – Member;

(f) Additional/Deputy Labour Commissioner, UP (Enforcement)- Member;

(g) Additional/Deputy Labour Commissioner, UP (Industrial Relations)– Member - Secretary;

(h) Two technical experts in wage determination as nominated by the State Government - Members;

(i) Two representatives each of employers and employees who are experts in the area of skill development - Members;

(3) The State Government may, on the advice of the technical committee referred to in sub-rule (2), by notification amend the Schedule-A in respect of categorization of occupations into unskilled, semi-skilled, skilled and highly skilled by modifying, inserting or omitting, any entry in respect of occupations specified in the said Schedule.

(4) The technical committee referred in sub-rule (2) while advising the State Government, shall take into account, to the possible extent, the national classification of occupation or national skills qualification framework or other similar frame work for the time being formulated by Central Government to identify occupations.