Notwithstanding anything in section 30, the Government may, by notification, increase the total number of days of leave allowable under subsection (1) of that section and the maximum number of days upto which such leave may be accumulated in respect of any establishment or class of establishments.
34. Compulsory enrolment of employees to Insurance-cum-Savings Scheme - (1) Every employee who has served in an establishment for a period of not less than one year shall subscribe to the insurance scheme or Insurance-cum-Saving scheme as may be notified by the Government to be applicable to the establishment in which the employee is working, at the rates, stipulated by the Government in the notification either in lumpsum every year or in monthly installments as may be prescribed by the Government in the notification. For this purpose the employer shall make the payment to the authority notified by the Government on behalf of the employee on or before the stipulated date and recover the same from the wages payable to the employee.
(2) In addition to the subscription of the employee mentioned in subsection (1), every employer of the establishment to which the scheme of insurance or Insurance-cum-Savings is made applicable by the Government, shall also pay such percentage of annual wages of employee as may be notified by the Government, from time to time to the authority notified for the purpose as employer's contribution on or before the specified date every year.
CHAPTER-VIII WAGES, CONDITIONS FOR TERMINATION OF SERVICES, APPEALS, SUSPENSION AND TERMINAL BENEFITS
35. Responsibility for payment of wages - Every employer shall be responsible for the payment by him to employees of all wages and sums, required to be paid under this Act.
36. Fixation of wage period- (1) Every employer shall fix periods (hereinafter referred to as wage-periods) in respect of which such wages shall be payable.
(2) No wage-period shall exceed one month.
37. Wages for over time work - Where any employee in any establishment is required to work over-time he shall be entitled, in respect of such over-time work, to wages at twice the ordinary rate of wages:
Provided that, where the normal hours of work in an establishment are ordinarily less than eight hours a day and 48 hours a week, he shall be entitled in respect of work in excess of such normal hours upto eight hours a day and forty eight hours a week to wages at the ordinary rate of wages and in respect of work in excess of eight hours a day and forty eight hours a week at twice the ordinary rate of wages, in addition to the wages for the normal hours of work.
Explanation:-For the purpose of this section, the expression ‘ordinary rates of wages’ shall mean such rate of wages as may be calculated in the manner prescribed.
38. Time of payment of wages - (1) The wages of every employee shall be paid before the expiry of the fifth day after the last day of the wage-period in respect of which the wages are payable.
(2) Where the service of any employee is terminated by or on behalf of the employer the wages earned by such employee shall be paid before the expiration of the second working day from, the day on which his employment is terminated.
(3) The Government may, by general or special order and for reasons stated therein exempt an employer from the operation of this section in respect of the wages of any employee or class of employees to such extent and subject to such conditions as may be specified in the order.
(4) All payments of wages shall be made on a working day.
39. Wages to be paid in current coin or currency notes - All wages shall be paid in current coin or currency notes or in both.
40. Deductions which may be made from wages - (1) The wages of an employee shall be paid to him without deduction of any kind except those authorised by or under this Act.
Explanation:-Every payment made by an employee to the employer shall, for the purposes of this Act, be deemed to be a deduction from wages.
(2) Deductions from the wages of an employee shall be made only in accordance with the provisions of this Act and may be of the following kinds only, namely:-
(a) fines and other penalties lawfully imposed;
(b) deductions for absence from duty;
(c) deductions for damages to, or loss of goods expressly entrusted to the employee for custody or for loss of money for which he is required to account, where such damage or loss is directly attributable to his neglect or default;
(d) deductions for house accommodation provided by the employer;
(e) deductions for such amenities and services supplied by the employer as the Government may, by general or special order, authorise;
(f) deductions for recovery of advances or for adjustment of overpayments of wages;
(g) deductions of income-tax or profession-tax payable by the employee;
(h) deductions required to be made by order of a court or other authority competent to make such order;
(i) deductions for subscriptions to and for repayment of advances from, any provident fund to which the Provident Funds Act, 1925 (Central Act 19 of 1925) applies or any recognised provident fund as defined in section 2(38) of the Income Tax Act, 1961, (Central Act 43 of 1961) or any provident fund approved in this behalf by the Government during the continuance of such approval;
(j) deductions for payments to co-operative societies approved in this behalf by the Government or any officer authorised by them in this behalf or to a scheme of insurance maintained by the Indian Post Office or the Life Insurance Corporation of India established under Life Insurance Corporation Act, 1956 (Central Act 31 of 1956):
(k) deductions made with the written authorisation of the employee in furtherance of any savings scheme approved by the Government or the purchase of securities of the Central or State Government.