Minimum Wages Ordinance, 1961

 

Minimum
Wages Ordinance 1961

(XXXIX OF
1961)

 

Section—4

Minimum
Wages Rules 1961, Rule—15

The
publication in the official Gazette of a recommendation of the Minimum Wages
Board of minimum wages is mandatory, otherwise persons who are likely to be
affected will be deprived of opportunity to raise any objection or give any
suggestions to the proposed recommendation.

The
Government can act or issue a gazette notification only on the basis of a
recommendation of the Minimum Wages Board, and not on the basis of a draft
recommendation.

New Age
Garments Ltd. and others v. Government of Bangladesh and others, 22 BLD (HCD) 13.

 

Section— 6

The
minimum wages fixed by the Government, by notification dated July, 1980,
whether has the force of law-By an agreement, the wages, whether could be
varied only to the advantage of the worker — The statutory requirement, whether
is that an employer cannot force a worker to receive payment of a minimum wage
at a rate lower than that declared under the Ordinance.

 

Section—
50(11)

The
minimum wages fixed by the Government by the said notification dated 12th July,
1980 has the force of law and was fixed in exercise of statutory power of the
Government and as such, they said minimum monthly wages could not be varied and
reduce to the disadvantage of a worker by any agreement whatsoever between the
management and the collective bargaining agent.

If
by agreement the above wage was to be varied, it could only be varied to the
advantage of the worker and not to his disadvantage.

The
statutory requirement is that an employer cannot force a worker to receive
payment of a minimum wage at a rate lower than what has been declared under the
Minimum Wages Ordinance.



This
provision (of sub-section 11 of Section 50) does by no means empower the
employer to circumvent the mandatory provision of section 9 of the Minimum
Wages Ordinance,1961, which makes it mandatory for the employer to pay the
minimum wages fixed by the Government under section 6 of the said Ordinance.
(Para-30)

Kazi
Giasuddin and another Vs. First Labour Court, Dhaka and other 13 BLD (HCD) 227.

 

Minimum Wages Ordinance, 1961

Minimum Wages Ordinance, 1961

Section -2 (8) (b)

In the
instant case the Board recommended a fixed amount of Tk-40/- per month as “যাতায়াত ভাড়াto all workers of the cinema halls
irrespective of their rank and status as part of the fringe benefit along with
the house rent and medical allowances, which has been accepted by the appellant
by the impugned Notification. Thus in the facts and circumstances of the case
the said “
যাতায়াত ভাড়া cannot be treated as “travelling allowance”
within the meaning of section 2 (8) (b) of the Ordinance.

Govt. of Peo. Rep of
Bangladesh Vs. Hasan Movies Ltd. & Ors. 4 BLT (AD)-50.