And whereas, objections and suggestions received from persons and

stakeholders have been duly considered by the State Government.

Now, therefore, in exercise of the powers conferred by section 67 of the Code

on Wages,2019 (Central Act No.29 of 2019), and in supersession of the previous

Rules made by the State Government viz., (1) The Payment of Wages Act,1936,

i.e, The Andhra Pradesh Payment of Wages Rules, 1937 (2) The Minimum Wages

Act,1948, i.e, The Andhra Pradesh Minimum Wages Rules,1960 except as

respects of things done or omitted to be done before such supersession, the

State Government hereby makes the following rules, namely,-

CHAPTER - I

PRELIMINARY

1. Short title, extent and commencement. –

(1) These rules may be called the Code on Wages (Andhra Pradesh) Rules,

2026.

(2) They extend to the whole of the Andhra Pradesh.

(3) They shall come into force on the date of their publication in the Official

Gazette.

2. Definitions.- (1) In these rules, unless the subject or context otherwise

requires, —

(a) “appeal” means an appeal under sub-section (1) of section 49;

(b) “appellate authority” means the appellate authority appointed by the State

Government under sub-section (1) of section 49;

sub-section (1) of section 45;

(d) “Board” means the State Advisory Board constituted by the State

Government under subsection (4) of section 42;

(e) “Chairperson” means the Chairperson of the Board;

(f) “Code” means the Code on Wages, 2019 (Central Act No.29 of 2019);

(g) “Committee” means a committee appointed by the State Government under

clause (a) of sub-section(1) of section 8;

(h) “day” means a period of twenty-four hours beginning at midnight;

(i)“electronically” means any information submitted by email or maintained or

displayed on the designated portal or mobile application or website or digital

payment in any mode for the purposes of the Code;

(j) “form” means the forms appended to these rules;

(k) “geographical area” means the areas notified by the State Government from

time to time.

(l) “highly skilled occupation” means an occupation which calls in its

performance a specific level of perfection and required competence acquired

through intensive technical or professional training or practical occupational

experience for a considerable period and also requires of an employee to assume

full responsibility for judgment or decision involved in the execution of such

occupation;

(m) “Inspector-cum-Facilitator” means a person appointed by the State

Government, under sub-section (1) of section 51;

(n) “member” means a member of the Board;

(o) “normal rate of wage” means wage as defined under clause (y) of section 2;

(p) “registered trade union” means a trade union registered under the Industrial

Relations Code, 2020 (Central Act No.35 of 2020);

(q) “section” means a section of the Code;

(r) “semi-skilled occupation” means an occupation which in its performance

requires the application of skill gained by the experience on job which is capable

of being applied under the supervision or guidance of a skilled employee and

includes supervision over the unskilled occupation;

(s)

“skilled occupation” means an occupation which involves skill and

competence in its performance through experience on the job or through

training as an apprentice in a technical or vocational institute and the

performance of which calls for initiating and judgment;

(t) “unskilled occupation” means an occupation which in its performance

requires the application of simply the operating experience and involves no

further skills.

(2) Words and expressions used in these rules but not defined herein shall have

the meanings respectively assigned to them under the Code.

CHAPTER - II

Minimum Wages

3. Manner of calculating the minimum rate of wages.–

(1) For the purposes of sub-section (5) of section 6, the minimum rate of wages

shall be fixed by the day basis keeping in view the criteria which shall be

separately specified by the State Government by special or general order:

Provided that the State Government shall not fix the minimum wages of

the State Government employees under this Code.

(2) Where the rate of wages for a day is fixed, such amount shall be divided by

eight for fixing the rate of wages for an hour and multiplied by twenty-six for

fixing the rate of wages for a month and in such division and multiplication the

factors of one-half and more than one-half shall be rounded as next figure and

the factors less than one-half shall be ignored.

(3). In case there is less than six days working week, the hourly rate of

minimum wages so calculated shall be used to derive the minimum wages for

the day.

4. Interval for revision of variable dearness allowance.- The cost of living

allowance and the cash value of the concession in respect of essential

commodities at concession rate shall be computed once before 1^st April and then

before 1^st October in every year to revise the variable dearness allowance

payable to the employees on the minimum wages considering the Average

Consumer Price Index Number for Industrial Workers published by the Labour

Bureau, Ministry of Labour and Employment, Government of India.

5. Hours of work for normal working day. - (1) The number of hours of work

which shall constitute normal working day for an employee whose wage period

is on a daily basis shall be eight hours and interval for rest shall be in

accordance with notification issued in this regard under Occupational Safety,

Health and Working Conditions Code, 2020 (Central Act No.37 of 2020).

(2) The number of hours of work which shall constitute a normal working day

for an employee whose wage period is other than on a daily basis shall be so

fixed that the total number of weekly working hours shall not exceed forty-eight

hours.

6. Weekly day of rest .— (1) Subject to the provisions of this rule, an employee

shall be allowed rest for one day in every week (hereinafter referred to as “the

rest day”), in case of six-day working week which shall ordinarily be a Sunday

and in case of less than six-days working week, the rest day shall include

Saturday and Sunday, however, the employer may fix any other day of the week

as the rest day for any employee or class of employees:

Provided that in a six-days working week or less than six days working

week, as the case may be, the remaining days of the week shall be paid rest

days for such employees:

Provided further that an employee shall be entitled for the rest day under

this sub-rule, if he has worked under the same employer in case of six-days

working week for a continuous period of not less than six days and in case of

less than six-days working week for a continuous period of the stipulated

number of working days, as the case may be:

Provided also that the employee shall be informed of the day fixed as the

rest day and of any subsequent change in the rest day before the change is

effected, by display of a notice to that effect at a conspicuous place in the place

of employment or electronically.

Explanation. - For the purpose of computation of the continuous period of not

less than six days or the stipulated number of days worked in a week specified

in the second proviso to this sub-rule, (a) any day on which an employee is

required to attend for work but is given only an allowance for attendance and is

not provided with work;

(b) any day on which an employee is laid off on payment of compensation under

the Industrial Relations Code, 2020 (Central Act No.35 of 2020), and;

employee in the period of six days or during the stipulated number of working

days of a week, as the case may be, immediately preceding the rest days.

(2) An employee shall not be required or allowed to work on the rest day unless

he is allowed a substituted rest day on one of the working days in a week

immediately before or after the rest day:

Provided that no substitution shall be made, which shall result in the

employee working for more than ten days consecutively without a rest day.

(3) Where any employee works on a rest day and has been given a substituted

rest day on any working days before or after the rest day, the rest day shall, for

the purposes of calculating the weekly hours of work, be included in the week in

which the substituted rest day occurs.

(4) An employee shall be granted for rest day, wages calculated at the rate

applicable to the previous working day; where he works on the rest day and has

been given a substituted rest day, then, he shall be paid wages for the rest day

on which he worked, at the overtime rate and wages for the substituted rest day

at the rate applicable to the previous working day: Provided that in case of six-

days working week where.

i. the minimum rate of wages of the employee as notified under the Code has

been worked out by dividing the minimum monthly rate of wages by twenty- six;

ii. the actual daily rate of wages of the employee has been worked out by

dividing the monthly rate of wages by twenty-six and such actual daily rate of

wages is not less than the notified minimum daily rate of wages of the employee,

then, no wages for the rest day shall be payable; and

iii. the employee works on the rest day and has been given a substituted rest

day, then, the employee shall be paid, only for the rest day on which he worked,

an amount equal to the wages payable at the overtime rate, which shall not be

less than twice the normal rate of wages,

and, in case any dispute arises whether the daily rate of wages has been

worked out in accordance with the provisions of this proviso, the Chief Labour

Commissioner (Central) or the Deputy Chief Labour Commissioner (Central)

having jurisdiction may, on application made in this behalf, decide the same,

after giving an opportunity to the parties concerned to make written

representations:

Provided further that in case of an employee governed by a piece rate

system, the employee shall be paid wages for the rest day on which he works, at

the overtime rate and wages for the substituted rest day at the rate applicable to

the previous working day.

Explanation.- For the purpose of this sub-rule, the words ‘previous working

day’ means the last day on which the employee has worked, which precedes the

rest day or the substituted rest day, as the case may be; and where the

substituted rest day falls on a day immediately after the rest day, the previous

working day means the last day on which the employee has worked, which

precedes the rest day.

(5). The provisions of this rule shall not operate to the prejudice of more

favorable terms, if any, to which an employee may be, entitled under any other

law or under the terms of any award, agreement or contract of service, and in

such a case, the employee shall be entitled only to more favorable terms.

Explanation. - For the purposes of this rule, the expression ‘week’ shall mean a

period of seven days beginning at midnight on Saturday night.

7. Night shifts. — Where an employee in an employment works on a shift

which extends beyond midnight, then, -

(1) a rest day for the whole day for the purposes of rule 6 shall, in this case

means a period of twenty-four consecutive hours beginning from the time when

his shift ends; and

(2) the following day in such a case shall be deemed to be the period of twenty-

four hours beginning from the time when such shift ends, and the hours after

midnight during which such employee was engaged in work shall be counted

towards the previous day.

8. Extent and conditions of working hours for certain categories of

employees. -The number of working hours for certain categories of employees

under sub-section (2) of section 13 may exceed the normal working hours,

specified in rule 5:

Provided that the overtime of these categories of employees shall be as per

section 14.

9. Longer wage period. - The longer wage period for the purposes of minimum

rate of wages under section 14 shall be by the month.

CHAPTER-III

Payment of Wages

10. Payment of wages to contractual employee. - Where the employees are

employed in an establishment through a contractor, the company or firm or

association or any other person who is the proprietor of the establishment shall

pay to the contractor, the amount payable in respect of the wages of employees

in accordance with the provisions of the Code.

Explanation: -For the purpose of this rule, the expression “firm” shall have the

meaning as assigned to it in the Indian Partnership Act, 1932 (Central Act No.9

of 1932).

11. Payment of wages for less than normal working day. — An employee

shall not be entitled to receive wages for a full normal working day under section

10, in case the employee had agreed to work on part time basis, as per the

terms of the employment or not entitled to receive such wage under any other

labour law for the time being in force.

12. Recovery of deductions. –– As per sub-section (4) of section 18, where the

total deductions authorised under sub-section (2) of section 18 exceed fifty per

cent of the wages of an employee, the excess shall be carried forward and

recovered from the wages of succeeding wage period, in instalments so that the

recovery in any month shall not exceed the fifty per cent of the wages of the

employee in that month.

13.

Authority

for

approving

acts

and

omissions.

––

The

Deputy

Commissioner of Labour having jurisdiction over the place of work of the

employee concerned shall be the authority for approving acts and omissions for

the purposes of sub-section (1) of section 19.

14. Manner of exhibiting notice specifying acts and omissions.–– A notice

referred to in sub-section (2) of section 19 shall be displayed in physical form or

electronically in Hindi, English and local language at the conspicuous place in

the premises of the work place in which the employment is carried on and a

copy of the notice shall be sent electronically or by speed post to the Inspector

cum-Facilitator having jurisdiction.

15. Procedure for imposing fines. –– (1) As per sub-section (3) of section 19,

the employer shall give intimation electronically or in writing to the employee

concerned specifying therein the particulars of acts and omissions done by the

employee, warranting the imposition of fine, for showing cause within seven

days.

(2) On establishment of charges, fine shall be imposed on the delinquent

employee.

(3) Wherein no reply is received from the employee within the scheduled period,

fine shall be imposed and the same shall be intimated to the employee within

fifteen days of the imposition of such fine.

16. Intimation of deduction for absence from duty. ––

(1) When an employer intends to make any deduction in pursuance of the

proviso to sub-section (2) of section 20, the employer shall intimate

electronically or in writing to the employee concerned regarding their intention

of making such deduction seeking their reply within a period of seven days and

on establishment of charges, deduction shall be made from the wages of the

employee in accordance with sub-section (3) of section18.

(2) If no reply is received from the employee concerned within seven days, the

employer shall make such deduction from the wages and the same shall be

intimated to the employee within fifteen days of the date of such deduction.

17. Procedure for deduction for damage or loss. ––

(1) Any employer intending to make deduction for damages or loss under sub-

section (1) of section 21 from the wages of an employee, shall give the employee

an opportunity to submit explanation within a period of seven days, showing

cause, the value of the damage caused or loss of goods expressly entrusted to

the employee.

(2) On establishment of the charges, deductions shall be made from the wages of

the employee in accordance with sub-section (3) of section 18.

(3) In case no reply is received from the employee concerned within (7) seven

days, the employer shall make such deduction from the wage of the employee

concerned and the same shall be intimated to the employee within fifteen days

of the date of such deduction.

18. Conditions regarding recovery of advance: –– The recovery of, –––

(1) advances of money given to an employee after the employment begins under

clause (b) of section 23; Or

(2) advances of wages to an employee not already earned under clause (c) of

section 23, as the case may be, shall be made by the employer from the wages of

the concerned employee in instalments determined by the employer, so as any

or all instalments in a wage period, shall not exceed fifty per cent of the wages of

the employee subject to the ceiling specified in rule 12 in that wage period and

the particulars of such recovery shall be recorded in the register maintained in

Form-IV.

19. Deduction for recovery of loans: –– As per section 24, deductions for

recovery of loans granted and the interest due in respect thereof shall be as per

extant instructions or guidelines of the State Government regulating the extent

to which such loans may be granted and the rate of interest that shall be

payable thereon.

CHAPTER-IV

The Andhra Pradesh State Advisory Board

A. Procedure of the State Advisory Board

20. Constitution of the Board. –The Board shall be constituted under sub-

section (4) of Section 42 by the State Government consisting of persons to be

nominated by the State Govt.

21. Meeting of the Board. - The Chairperson may, subject to the provisions of

rule 23, call a meeting of the Board at any time as deemed fit:

Provided that on requisition in writing from not less than one half of the

members, the Chairperson shall call a meeting within thirty days from the date

of the receipt of such requisition.

22. Notice of meetings. - The Chairperson shall fix the date, time and place of

every meeting and a notice in writing containing the aforesaid particulars along

with a list of business to be conducted at the meeting shall be sent to each

member by speed post or electronically at least fifteen days before the date fixed

for such meeting:

Provided that in the case of an emergent meeting, notice of seven days

only may be given to every member.

23. Functions of Chairperson. – The Chairperson shall-

(1) preside at the meetings of the Board:

Provided that in the absence of the Chairperson at any meeting, the

members shall elect from amongst themselves by a majority of votes, a member

who shall preside at such meeting;

(2) decide agenda of each meeting of the Board;

(3) where in the meeting of the Board, if any issue has to be decided by

voting, conduct the voting and count or cause to be counted the secret voting in

the meeting. and

(4) such other functions that the State Government may assign from time to

time.

24. Quorum. - No business shall be transacted at any meeting unless at least

one-third of the members and at least one representative member each of both

the employers and an employee are present:

Provided that, if at any meeting less than one-third of the members are

present, the Chairperson may adjourn the meeting to a date not later than

seven days from the date of the original meeting and it shall there upon be

lawful to dispose of the business at such adjourned meeting irrespective of the

number of members present:

Provided further that the date, time and place of such adjourned meeting

shall be intimated to all the members.

25. Disposal of business of the Board. - All business of the Board shall be

considered at a meeting of the Board, and shall be decided by a majority of the

votes of members present and voting and in the event of an equality of votes, the

Chairperson shall have a casting vote:

Provided that the Chairperson may, if he thinks fit, direct that any matter

shall be decided by the circulation of necessary papers and by securing written

opinion of the members:

Provided further that no decision on any matter under the preceding

proviso shall be taken, unless supported by not less than two-thirds majority of

the members.

26. Method of voting. - Voting in the Board shall ordinarily be by show of

hands, but if any member asks for voting by ballot, or if the Chairperson so

decides, the voting shall be by secret ballot and held in the manner as the

Chairperson may decide.

27. Proceedings of meetings. - (1) The proceedings of each meeting of the

Board showing inter alia the names of the members present there at shall be

forwarded to each member and to the State Government as soon after the

meeting as possible, and in any case, not less than seven days before the next

meeting.

(2) The proceedings of each meeting of the Board shall be confirmed with such

modification, if any, as may be considered necessary at the next meeting.

28. Summoning of witnesses and production of documents. –

(1) The Chairperson may summon any person to appear as a witness if required

in the course of the discharge of his duty and require any person to produce any

document.

(2) Every person who is summoned and appears as a witness before the Board

shall be entitled to an allowance for expenses incurred in accordance with the

scale for the time being in force for payment of such allowance to witnesses

appearing before a civil court.

B. Terms of office of members of the Board

29. Term of office members of Board (1) The term of office of the Chairperson

and members, shall be three years commencing from the date of appointment or

nomination, as the case may be:

Provided that the Chairperson or a member shall after the expiry of the

said period of three years, continue to hold office until their successor is

appointed or nominated.

(2) An independent member of the Board nominated to fill a casual vacancy

shall hold office for the remaining period of the term of office of the member in

whose place that independent member is nominated or till the time a regular

incumbent joins.

(3) The official members of the Board shall hold office till they are replaced by

respective such other official members.

(4) Notwithstanding anything contained in this rule, the members of the Board

shall hold office during the pleasure of the State Government.

30. Travelling allowance. - (1) The travelling allowance of an official member of

the Board shall be governed by the rules applicable to them for the journey

performed on official duties and shall be paid by the authority paying the salary.

(2) The non-official members of the Board shall be paid travelling allowance for

attending the meeting of the Board as per the instructions issued by the

Finance Department, Government of Andhra Pradesh from time to time.

Explanation.- For the purposes of this rule, the expression “official member”

shall mean regular government officers, officiating as members of the Board in

that capacity and “non-official member” shall be who are not “official members”.

31. Officers and Staff .-The State Government may provide the necessary

infrastructure, as it may think necessary for the proper functioning of the

Board.

32. Eligibility for re-nomination of the members of the Board.-An outgoing

member shall be eligible for renomination for the membership of the Board for

not more than total two terms.

33. Resignation of the Chairperson and members of Board.- (1) A member of

the Board, other than the Chairperson, may, by giving notice in writing to the

Chairperson, resign from the membership and the Chairperson may resign by a

letter addressed to the State Government.

(2) The resignation shall take effect from the date of communication of its

acceptance or on the expiry of thirty days from the date of resignation,

whichever is earlier.

(3) When a vacancy occurs or is likely to occur in the Board, the Chairperson

shall submit a report to the State Government immediately and the State

Government shall, take steps to fill the vacancy in accordance with the

provisions of the Code.

34. Cessation of membership.- If a member of the Board, fails to attend three

consecutive meetings without prior intimation to the Chairperson, he shall,

cease to be a member thereof.

35. Disqualification.-(1) A person shall be disqualified for being nominated as,

and for being a member of the Board–

(i) if he is declared to be of unsound mind by a competent court; or

(ii) if he is an un-discharged insolvent; or

(iii) if before or after the commencement of the Code, he has been convicted of

an offence involving moral turpitude.

(2) If any question arises whether a disqualification has been incurred under

sub-rule (1), the decision of the State Government thereon shall be final.

CHAPTER-V

PAYMENT OF DUES, CLAIMS, etc.

36. Payment of undisbursed dues to nominees in case of death of

employee:– (1) (a) In pursuance of clause (a) of sub-section (1) of section 44,

every employee shall make a declaration in Form-VII in physical form or

electronically, nominating a person conferring the right to receive the amount

that may stand in the credit of the employee on the event of death, before that

amount standing to the credit of such employee has become payable or where

the amount has become payable, before payment has been made.

(b) If the employee has a family at the time of making nomination, the

nomination shall be in favour of the spouse or the spouse in preference followed

by one or more members of the family:

Provided that nomination made by an employee having a family in favour

of a person other than member of the family shall be invalid:

Provided further that a fresh nomination towards the spouse of the

employee shall be made by the employee on marriage and any nomination made

before such marriage shall be deemed to be invalid.

may appoint a major person of the family, to be the guardian of the minor

nominee or where there is no major person in the family, the employee may by

discretion, appoint any other person to be the guardian of the minor nominee.

(d) If the employee nominates more than one member, the nomination shall

specify the amount or share payable to each of the nominees at employee’s own

discretion so as to cover the whole of the amount that may stand to the credit of

the employee.

(2) Where any amount payable to an employee under the Code is due after the

death or on account of where abouts not being known of the employee and the

amount could not be paid to the nominee of the employee until the expiry of

three months from the date the amount had become payable, then, such

amount shall be deposited by the employer with the Deputy Commissioner of

Labour having jurisdiction, who shall disburse the amount to the person

nominated by the employee after ascertaining the identity of the employee

within two months of the date on which the amount was so deposited.

37. Deposit of the undisbursed dues in case of death of employee. -

(1) Where any amount payable to an employee under clause (b) of sub-section

(1) of section 44 remains undisbursed since no nomination has been made by

such employee or for any other reason, such amounts could not be paid to the

nominee of employee, all such amounts shall be deposited by the employer after

the expiry of six-months from the date the amount become payable, with the

Deputy Commissioner of Labour having jurisdiction before the expiry of the

fifteenth day after the last day of the said period of six months.

(2) The amount to be deposited under sub-clause (1) shall be through bank

transfer or through a crossed demand draft obtained from any scheduled bank

in India drawn in favour of such Deputy Commissioner of Labour.

38. Manner of dealing with deposit of undisbursed dues: —

(1) The undisbursed amount in sub rule (1) of rule 37 (hereinafter in this rule

referred to as “the amount”) shall remain with the concerned Deputy

Commissioner of Labour and be invested in the Central or State Government

Securities or deposited as a fixed deposit in a scheduled bank.

(2) The concerned Deputy Commissioner of Labour shall exhibit, as soon as may

be possible, a notice containing such particulars as the Deputy Commissioner of

Labour considers sufficient for information at least for fifteen days on the notice

board and also publish such notice in any two local newspapers of vernacular

language commonly understood in the area in which undisbursed wages were

earned and also in two local newspapers in vernacular language in the area of

permanent residence of the employee.

(3) Subject to the provisions of sub-rule (4), the concerned Deputy

Commissioner of Labour shall release the amount to the nominee or to that

person who has claimed such amount, as the case may be, in whose favour

such Deputy Commissioner of Labour has decided, after giving the opportunity

of being heard.

(4) In case the undisbursed amount remains unclaimed for a period of seven

years, the same shall be dealt as directed by the State Government from time to

time in this behalf.

CHAPTER-VI

FORMS, REGISTERS AND WAGE SLIP

39. Returns. - The returns shall be filed electronically by every employer of an

establishment to which the Code applies in the Forms under the Occupational,

Safety Health and Working Conditions Code, 2020 (Central Act No.37 of 2020).

40. Form and procedure for filing claims:–– (1) A single application on behalf

of or in respect of any number of or group of employees employed in the same

establishment wherein their claims relate to the same wage period or any

incident of discrimination, may be filed under sub-section (5) of section 45 in

Form-II, manually or electronically along with documents specified in the said

Form, before the authority notified by State Government under sub-section (1)

of section 45 to hear and determine claims which arise under the provisions of

the Code.

(2) Where an application under sub-rule (1) is filed, the authority shall serve

upon the employer electronically or by speed post, a notice in Form VIII (A) to

appear before them on the date specified in the notice with all relevant

documents and witnesses, if any, and shall inform the applicant of the date so

specified.

(3) In case where the employer or their representative fails to appear on the

specified date, the authority may hear and determine the application ex-parte.

(4) In case where the applicant or their representative fails to appear on the

specified date without any reasonable cause shown in advance, the authority

may dismiss the application.

41. Procedure for filing appeal:–– (1) Any person aggrieved by an order passed

by the authority under sub-section (2) of section 45 may prefer an appeal under

sub-section (1) of section 49 in Form III electronically or by speed post, along

with documents mentioned by the appellant in the said Form, to the appellate

authority having jurisdiction:

Provided that no appeal by an employer shall be admitted unless at the

time of preferring the appeal, the appellant has deposited the claim amount with

the appellate authority.

(2) Where an appeal under sub-section (1) of section 49 is entertained, the

appellate Authority shall serve upon the respondent electronically or by speed

post, a notice in Form VIII-(B) to appear before them on the date specified in the

notice and shall inform the appellant of the date so specified.

(3) In case where the employer or their representative fails to appear on the

specified date, the authority may hear and determine the application ex-parte.

(4) In case where the applicant or their representative fails to appear on the

specified date, the authority may dismiss the appeal.

42. Form of register, etc:–– (1) The employer of all establishments to which the

Code applies shall maintain under sub-section (1) of section 50, electronically or

in physical form in the formats appended to these rules, the following registers:–

(i) Employee Register in Form I;

(ii) Register of Wages, Overtime, Advances, Fines and Deductions for Damage

and Loss in Form IV; and

(iii) Attendance Register-cum-Muster Roll in Form IX.

(2) All fines and all realizations referred to in sub-section (8) of section 19 shall

be recorded in a register to be kept by the employer electronically or in physical

form in Form-IV and the authority referred to in sub-section (8) shall be the

Deputy Commissioner of Labour having jurisdiction.

(3) All deductions and realizations referred to in sub-section (3) of section 21

shall be recorded in a register to be kept by the employer electronically or in

physical form in Form-IV.

(4) The registers maintained under these rules shall be preserved for a period of

five years after the date of last entry made therein.

43. Wage slip:–– Every employer shall issue wage slips, electronically or in

physical form to the employees in Form V under sub-section (3) of section 50 on

or before payment of wages.

44. Manner of holding enquiry:–– (1) Where a complaint is filed before the

officer appointed under sub-section (1) of section 53 (hereinafter in this rule

referred to as “the officer”) in respect of the offences referred to in said sub-

section, either by an officer authorised for such purpose by the State

Government or by an employee aggrieved or a registered trade union registered

under the Industrial Relations Code, 2020 (Central Act No.35 of 2020) or an

Inspector-cum-Facilitator, the officer after considering such evidence as

produced by the complainant, is of the opinion that an offence has been

committed, shall issue summons to the offender on the address specified in the

complaint fixing a date for his appearance.

(2) If the offender to whom the summons has been issued under sub-rule (1)

appears or is produced before the officer, the officer shall explain the offender

the offence complained against and if the offender pleads guilty, the officer shall

impose penalty in accordance with the provisions of the Code and if the offender

does not plead guilty, the officer shall take evidence of the witnesses produced

by the complainant on oath and provide opportunity of cross examination of the

witnesses so produced.

(3) The officer shall record in writing the statement of the witnesses on oath and

in cross examination and take the documentary evidence on record.

(4) The officer shall, after the complainant’s evidence is complete, provide an

opportunity of defence to the accused person and the witnesses produced by the

accused shall be cross examined after their statements on oath by the

complainant and documentary evidence in defence shall be taken on record by

the officer.

(5) The officer shall after hearing the parties and considering the evidence both

oral and documentary, decide the complaint in accordance with the provisions

of the Code.

45. Manner of composition of offences: –– (1) An accused person desirous of

composition of offence under sub-section (1) of section 56 may make an

application in Form VI electronically or manually to the Gazetted Officer notified

under said sub-section.

(2) The Gazetted Officer referred to in sub-rule (1) shall on receipt of such

application, satisfy as to whether the offence is compoundable or not under the

Code and, if the offence is compoundable and the accused person agrees for the

composition, compound the offence for a sum of fifty per cent of the maximum

fine provided for such offence under the Code, to be paid by the accused within

thirty days of the order of composition issued by such officer.

(3) The compounding officer shall issue a composition certificate in Part-B of

Form-VI within ten days of receipt of the composition amount, to such person

from whom such amount has been received in compliance of the composition

notice.

(4) In case where a person so noticed fails to deposit the composition amount

within the time specified by the compounding officer, prosecution shall be

instituted before the competent court against such person for such offence in

respect of which the compounding notice was issued.

(5) Where the offence has been compounded under sub-rule (2) after the

institution of the prosecution, the officer shall send a copy of such order for

intimation to the officer referred to in sub section (1) of section 53 for action

under sub-section (6) of section 56.

FORM-I

[See clause (i) of sub-rule (1) of Rule 42]

EMPLOYEE REGISTER

Name of the Establishment

Name of the Employer

Name of the Owner

PAN/TAN of the Employer

Registration

Number

the

establishment

(LIN/UIN

Number

shall be the Registration Number of

the Establishment)

1. Employee Code

2. Name

3. Surname

4. Gender

5. Father’s/Mother’s/Spouse Name

6. Date of Birth

7. Place of Birth

8. Nationality

9. Education Level

10. Date of Joining

11. Designation

12. Category (HS/S/SS/US)*

13. Type of Employment

(P/T/FT/T/B)**

14. Details of Posting

15. Pay

16. Promotion

17. Mobile Number

18. Universal account number of

the Worker

19. PAN

20. Nominee(s)

(To be filled on the basis of

Nomination form)

21. Details of Family

22. EPS/NPS

23. ESIC IP No.

24. AADHAAR

25. Bank A/c Number

26. Bank

27. Branch (IFSC)

28. Present Address

29. Permanent Address

30. Service Book No.

31. Date of Exit

32. Reason for Exit

33. Mark of Identification

34. Photo

35.Specimen

Signature/

Thumb

Impression

36. Remarks

* (Highly Skilled/Skilled/Semi skilled/Unskilled)

** (Permanent/Temporary/Fixed Term/Trainee/Badli)

FORM-II

[See Sub-Rule (1) of Rule 40]

[SINGLE APLICATION UNDER SUB-SECTION (5) OF SECTION 45]

BEFORE THE AUTHORITY APPOINTED UNDER SUB SECTION (1) OF SECTION

45 OF THE CODE ON WAGES, 2019 (29 OF 2019)

FOR…………. (AREA)………

Application No………………………………………….of 20……

Between ABC and (State the number) ……… others………………. Applicant(s)

(Through employees concerned or registered trade union or Inspector- cum-

Facilitator)

Address……………………………………………………………………………….

And

XYZ……………………………………………………………………… Respondents.

Address………………………

The applicant states as follows:

(1) The applicant(s) whose name(s) appear in the attached schedule

was/were/has/have

been

employed

from

……………to……..

as……………...(category)

in…………….(establishment)

Shri/M/s………engaged

in………….(nature of work) which is/are covered by the Code on Wages, 2019.

(2) The opponent(s) is/are the employer(s) within the meaning of section 2(l) of

the Code on Wages, 2019.

(3) (a)The applicant(s) has/ have been paid wages at less than the minimum

rates of wages fixed for their category (categories) of employment(s) under

the

Code

Rs….

…………..Per

day

for

the

period(s)

from………………………to……… ……………….

(b) The applicant(s) has/ have not been paid wages at Rs…………….. Per day

for the weekly days of rest from………………..to…

period from…………………..to….

(d) The applicant(s) has/have not been paid wages for period from

………………to……….

(e)Deductions have been made which are in contravention of the Code, from

the wage(s) of the applicant(s) as per details specified in the annexure

appended with this application.

FORM-III

(See sub rule (1) of rule 41)

APPEAL UNDER SECTION 49(1) OF THE CODE ON WAGES, 2019

BEFORE THE APPELLATE AUTHORITY UNDER THE CODE ON WAGES, 2019

A.B.C

Address……………………………………………………………..APPELLANT

Vs.

C.D.E.

Address……………………………………………………………RESPONDENT

DETAILS OF APPEAL:

1. Particulars of the order against which the appeal is made :

Number and date :

The authority who has passed the impugned order:

Amount awarded:

Compensation awarded, if any:

2. Facts of the case :

(Give here a concise statement of facts in a chronological order, each paragraph

containing as nearly as possible a separate issue or fact).

3. Grounds for appeal:

4. Matters not previously filed or pending with any other Court or any Appellate

Authority:

The appellant further declares that he had not previously filed any appeal, writ

petition or suit regarding the matter in respect of which this appeal has been

made, before any Court or any other Authority or Appellate Authority nor any

such appeal, writ petition or suit is pending before any of them.

5. Reliefs sought :

In view of the facts mentioned above the appellant prays for the following

relief(s) :—

PAN/TAN of the Employer

Registration Number of the establishment (LIN/UIN Number shall be the

Registration Number of the Establishment)

Sl.

No.

Sr. No. in

Employee

Code

Name

of the

emplo

yee

Desig

nation

Depar

tment

Duration of

Payment of

wages

(Monthly/

Fortnightly/

Weekly/

Daily

/Piece

rated)

Wag

Perio

Fro

Total

no.

days

work

duri

the

wage

perio

Total

overtim

hours

worked

overtim

product

ion in

case of

piece

workers

Rate of wages

Basic

Allow

ances

(1)

(2)

(3)

(4)

(5)

(6)

(7)

(8)

(9)

(10)

(11)

(12)

Amount of wages earned

Deductions

Net

Pay

men

Basi

Allo

nce

Ove

tim

Total

wages

earned

Soci

ety

Incom

Tax

Insur

ance

nce

Recov

ery

Fine

Reco

very

acco

unt

Dam

ages

her

Total

Dedu

ction

Loss

(13)

(14)

(15)

(16)

(17)

(20)

(21)

(22)

(23

)

(24)

(25)

(26

)

(27)

(28)

Date of

Payment

Receipt by

employee/Bank

transaction ID

Nature

acts

and

omissions

for

which

fine

imposed

with

date

Amount

of fine

imposed

Damage or

loss

caused

the

employer

neglect

default

the

employee

Signature of

Employer/Employer

Representative*

(29)

(30)

(31)

(32)

(33)

(34)

*Note: Required in case register is maintained physically.

FORM-V

(See rule 43)

WAGE SLIP

Date of issue

Name of the Establishment

Address

Period

1. Name of employee

2. Father’s/Mother’s/Spouse Name

3. Designation

4.UAN. of the Worker

5. Bank Account Number

6. Wage period

Rate of wages payable

Basic

Allowances

8. Total attendance/unit of work done

9. Overtime wages

10. Gross wages payable

11.

Total deductions

ESI

Others

12. Net wages paid

Employer / Pay-in-charge signature*

*Note: Required in case register is maintained physically.

FORM-VI

Part-A

[See sub-rule (1) of rule 45]

APPLICATION UNDER SUB-SECTION (4) OF SECTION 56 FOR

COMPOSITION OF OFFENCE

1. Name of applicant:

2. Father’s / Spouse name:

3. Address of the applicant:

4.Particulars of the offence: ………………………………………………………

..………………………………………………………………………………………………..

…………………………………………………………………………………………………

………………………………………………………………………………………………….

5. Section of the Code under which the offence is committed

……………………………………………………………............................................

6. Maximum fine provided for the offence under the Code

………………………………………………………………….......................................

7. Whether prosecution against the applicant is pending or not

…………………………………………………….........................................................

8. Whether the offence is first offence or the applicant had committed any other

offence prior to the offence. If yes, then, full details of the prior offence.

………………………………………………………………………………………………………

…………………………………………………………………………………………................

………………………………………………………………………………………………….

9. Any other information which the applicant desires to provide

………………………………………………………………………………………………………

…………………………………………………………………………………………….............

………………………………………………………………………………………………

Applicant

(Name and signature)

Dated:

I hereby nominate the person(s)/cancel the nomination made by me previously

and nominate the person(s) mentioned below to receive any amount due to me

from the employer in the event of my death:-

Name of

nominee/nominees

Address Nominee's

relationship

with the

employee

Date

Birth

Total amount

of share

accumulations

credit

paid to

each nominee

the

nominee

minor,

name,

relationship,

and

address

the

guardian

who

may receive

the amount

during

the

minority of

nominee

(1)

(2)

(3)

(4)

(5)

(6)

1. Certified that I have no family and if I acquire a family hereafter, the above

nomination shall be deemed as cancelled.

2. Certified that my father/mother is/are dependent upon me.

* Strike out whichever is not applicable.

Signature or the thumb impression of the employee

CERTIFICATE BY EMPLOYER

Certified

that

the

above

declaration

and

nomination

has

been

signed/thumb impressed before me by Shri/Smt/Kum ..............employed in my

establishment after he/she has read the entry/entries or have been read over to

him/her by me and got confirmed by him/her in either of the cases.

Signature of the employer or other authorised officer

of the establishment and Designation

Place:

Date:

Name and Address of the Factory/

Establishment and rubber stamp thereof

ACKNOWLEDGEMENT BY THE EMPLOYEE

Received the duplicate copy of nomination in Form-VIII filed by me and duly

certified by the employer.

Date:

Signature of the Employee

FORM-VIII

[See sub rule (2) of rule 40]

(A). FORM OF NOTICE TO THE RESPONDENT TO BE ISSUED BY THE

AUTHORITY UNDER SUB SECTION (5) OF SECTION 45

(Title of the application)

Name

Address

Whereas (name of the applicant) has made the above said application tome

under the Code on Wages, 2019, you are hereby summoned to appear before me

in person or by a duly authorized representative, and required to answer all

material questions relating to the application, or shall be, accompanied by some

person duly authorized by you and able to answer such question on

the………….Day of…….20….at………AM/PM, to answer the claim in application

and as the day fixed for the appearance is appointed for the final disposal of the

application, you must be prepared to produce on that day all the witnesses

Form-IX

[See clause (iii) of sub-rule (1) of Rule 42]

ATTENDANCE REGISTER CUM MUSTER ROLL

Name of the Establishment

Name of the Employer

Name of the Owner

Registration Number of the

establishment

(LIN/UIN

Number

shall

the

Registration Number of the

Establishment)

For the Month of

Sl. No.

Employee

Code

Name

Designation

Shift

Place of work/Section/Department

(1)

(2)

(3)

(4)

(5)

(6)

Date and Time of attendance

(7)

Date

Time

Out

Signatu

Date

Time

IN Ou

IN Out

Signature

Date

Time

IN Ou

IN Out

Signature