Find below the comparison of the various past Acts with new ones-
Minimum Wages Act, 1948 :-
Past | New |
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The Act was applicable only to Scheduled Employments | Applicable to all employees including organized and unorganized sector |
“Wages” was including house rent allowance and all other allowances | Excludes house rent allowance in the definition of wages. However, all allowances put together cannot be more than 50% of the total remuneration |
Minimum Basic wages must be revised by the central or state governments at least once in 5 year | Minimum Basic wages must be revised every 5 years to compensate for inflation costs |
There was no provision to fix floor wages | The Central Government will set minimum floor wages with the probability of different minimum wages for different states and UT |
Allowed the Central or State Governments to set overtime wages | Working more than 15 minutes beyond the scheduled hours will be considered overtime. Sets overtime wages at two times the normal wage |
Unscheduled Inspections | Web based inspection schedule |
Penalties faced was a fine upto Rs. 500 and upto 6 months imprisonment | Fine upto Rs. 50,000. Repeat offences within 5 years get upto 3 months imprisonment or Rs. 1 Lacs fine, or both |
Payment of Wages Act, 1936 :-
Past | New |
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Applicable to those drawing Rs.24,000 for filing claims | All employees are protected |
Cessation of employment was done only within 2 working days of their termination of employment or closure of establishment | While retaining earlier provisions of 2 working days in cessation of employment, there have been added provisions for retrenchment and resignation |
Equal Remuneration Act, 1976 :-
Past | New |
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Prohibited gender discrimination in wage payment | Prohibits matters related to wages and Recruitment of employees for the same work or a similar nature |
Fine of upto Rs.20,000 or 1 year imprisonment was the sentence. | Fine upto Rs.20,000 and continuous offenders within 5 years will face imprisonment of 1 month or upto Rs.40,000 fine, or both |
Payment of Bonus Act, 1965 :-
Past | New |
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Applicable only to Scheduled Employments and wages till Rs.21,000 | Applicable to all employees including organized and unorganized sector |
Disqualification of an employee for dismissal misconducts i.e. fraud, riotous behavior, theft and misappropriation | While retaining earlier provisions for Disqualification, additional point has been added which is on conviction for sexual harassment |
No provision for higher bonus disputes | Employers are liable to pay bonus @8.33% when a dispute is referred to the industrial tribunal for payment of higher bonus |
Fine upto Rs.1000 or upto 6 months Imprisonment | Fine upto Rs.20,000 and imprisonment of 1 month or fine upto Rs.40,000 or both for repeat offences in a 5 year period |