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Palak Lotiya (Legal Content Writer/ Editor Resource Person)     04 March 2010

Probationers entitlement to Minimum Wages

Hi All,


I need some information as to whether a probationer is entitled to Minimum Wage and if yes please pass on relevant judgement in support of the same.

Thanks and Regards



Learning

 5 Replies

Sarjooram Sharma (Assistant Labour commissioner)     06 March 2010

Yes probationer is also workman and entitiled for minimum wages. there is no need of rulings, please the statutes.

1 Like

Vijayarajan (Executive Director)     08 March 2010

Probationers are not exempted from the definition of employee under the Minimum Wages Act. Please read the definition and You will understand that a Probationer is also eligible for Minimum wages if it is a scheduled employment and for which MW has been notified.

1 Like

V. VASUDEVAN (LEGAL COUNSEL)     19 March 2010

Mr. Sharma and Mr. Vijayarajan has perfectly explained. We need to refer to a case law for a statutory requirement which is cleared stated in the statutute

vasu

Kirti Kar Tripathi (lawyer)     16 January 2011

Labour laws do not make any classification as to categories of employee. It service conditions of employer, which make such classification. If you are employee as defined under the specific Act , you are entitled for the protection of the such. Minimum Wages Act also does not make any such classification. So probationer working in the scheduled employment notified by the appropriate government is also entitle for protection Minimum wages act.

Suresh C Mishra (advocate)     05 February 2011

Thanks , to all , on this question that a probationer is an employee under the Minimum wages Act.


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