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Wage & Hour law in Kolkata, India is governed by the Minimum Wages Act, 1948 and the Payment of Wages Act, 1936 amongst other laws. These laws set foundations for minimum wages, timely payment of wages, and outline rights and responsibilities of both employers and employees regarding overtime, holidays, and other wage-related matters.
You may need a Wage & Hour lawyer if you have been denied overtime pay, have not been paid for all the hours you worked, or if you feel you are not being paid the legal minimum wage. Lawyers with expertise in this field can also assist, if you are unfairly terminated or subjected to workplace discrimination. Often, employers also seek legal counsel to ensure that their pay practices comply with national and local laws and to defend against employee claims.
While the national level wage laws apply in Kolkata as well, there are state-specific rules and regulations outlined by the West Bengal Labour Department as well. They include minimum wage rates which differ based on the nature of work, working hours regulations, overtime wage rates, and rules for weekly offs. Both employers and employees need to understand these laws to ensure their rights are protected.
You can file a complaint with the Labour Commissioner of West Bengal or approach a labor court.
Overtime is applicable if you work beyond the standard working hours set by law. However, certain categories of employment are exempted from this provision.
You can approach the Labour Commissioner or a labour court to assert your rights.
Yes, wages for each month should typically be paid by the 7th or 10th day of the following month, depending upon the size of the establishment.
No, retaliation against employees asserting their Wage & Hour rights is prohibited under the law. Legal protection is provided against such actions.
The official website of the West Bengal Labour Department provides plenty of resources and information related to Wage & Hour laws. Additionally, the Ministry of Labour & Employment, Government of India website also offers resources and updates on national labor laws.
If you believe your Wage & Hour rights have been violated, you should consult with a lawyer specializing in labour laws. Take care to document all relevant facts, conversations, and actions related to your claim. A legal expert can guide you on the correct course of action, whether that be negotiation, formal complaint, or legal action.
