Minimum Wages Quiz

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Questions and Answers

What elements may be included in the minimum rate of wages fixed or revised by the appropriate Government?

  • Basic rate of wages and cash values of essential commodities.
  • Basic rate of wages, overtime pay, and bonuses.
  • Basic rate of wages, cost of living allowance, and incentives.
  • Basic rate of wages, cost of living allowance, and cash value of concessions. (correct)

How often may the cost of living allowance be adjusted according to the appropriate Government's directives?

  • Annually, with a fixed percentage.
  • As frequently as the local authorities decide.
  • At intervals and in a manner defined by the Government. (correct)
  • Monthly, based on quarterly reports.

Which of the following is NOT a method for fixing minimum wages as per the appropriate Government?

  • Appointing committees for recommendations.
  • Publishing proposals for public input.
  • Setting a flat national minimum wage for all sectors. (correct)
  • Specifying a date for consideration of proposals.

What is the role of the authority appointed by the Government regarding the cost of living allowance?

<p>To compute the cost of living allowance as specified. (C)</p> Signup and view all the answers

In the process of revising minimum wages, the appropriate Government must give stakeholders advance notice of how long?

<p>Two months. (D)</p> Signup and view all the answers

What components can form an all-inclusive rate of minimum wages?

<p>Basic rate, cost of living allowance, and cash values of concessions. (B)</p> Signup and view all the answers

Which additional financial aspect is included in the minimum wage components as per the appropriate Government's regulations?

<p>Cash value of concessions for essential supplies. (C)</p> Signup and view all the answers

What action can the authority take when a Trade Union requests clarification on a balance sheet item?

<p>Direct the corporation to comply with the request (C)</p> Signup and view all the answers

Who can make an application regarding disputes when no Trade Union is present?

<p>The employees involved in the dispute may apply (D)</p> Signup and view all the answers

What must happen before a corporation or company can be directed to provide clarification?

<p>The authority must determine the necessity of the clarification (D)</p> Signup and view all the answers

Under what condition can the provisions of section 47 apply to an employer not being a corporation?

<p>If audited accounts are produced to the relevant authority (C)</p> Signup and view all the answers

What type of auditors are required to audit accounts of employers under the provisions mentioned?

<p>Auditors qualified under the Companies Act, 2013 (D)</p> Signup and view all the answers

Under which circumstance do the provisions of this Chapter apply to a public sector establishment?

<p>If it sells goods or services in competition with a private sector establishment and earns not less than twenty percent of its gross income from such activities. (B)</p> Signup and view all the answers

What is the timeframe for settling wages earned by an employee as per the provisions of this Code?

<p>Eight months from the close of the accounting year. (C)</p> Signup and view all the answers

Which of the following employees is NOT covered by the provisions of this Chapter?

<p>Employees of the Life Insurance Corporation of India. (A), Seamen as defined in the Merchant Shipping Act, 1958. (D)</p> Signup and view all the answers

What is required for the provisions of this Chapter to apply to a public sector establishment?

<p>Sales or services must account for at least twenty percent of the establishment's gross income. (D)</p> Signup and view all the answers

Which establishment is mandated to follow the provisions of the Chapter?

<p>Any public sector establishment meeting the revenue requirement in competition. (C)</p> Signup and view all the answers

Which option represents an exception in the applicability of this Chapter?

<p>Employees registered or listed under any scheme made under the Dock Workers Regulation Act, 1948. (C)</p> Signup and view all the answers

To whom does this code NOT apply in terms of sector-based employment?

<p>Employees directly associated with life insurance services. (A)</p> Signup and view all the answers

In what context does this Chapter explicitly state non-applicability?

<p>Employees working under specific legislative frameworks. (D)</p> Signup and view all the answers

What is the minimum percentage threshold of gross income required for provisions to apply to a public sector establishment?

<p>Twenty percent (D)</p> Signup and view all the answers

What is the significance of the eight-month period mentioned in relation to wages?

<p>It is the maximum delay allowed for employee wage payment. (D)</p> Signup and view all the answers

What is the primary focus of the provisions mentioned for the sixth and seventh accounting years?

<p>Modifying how surpluses are set on or set off (A)</p> Signup and view all the answers

What is required of an employer to consider profits in an accounting year according to the explanation provided?

<p>Provision for depreciation for the current year (D)</p> Signup and view all the answers

What is taken into account when determining the set on or set off for the sixth accounting year?

<p>Allocable surplus from previous years (B)</p> Signup and view all the answers

Which accounting years are involved when calculating the set on or set off for the seventh accounting year?

<p>Fifth, sixth, and seventh accounting years (B)</p> Signup and view all the answers

From which accounting year onward do the provisions of section 36 fully apply to establishments regardless of specific conditions?

<p>Eighth accounting year (C)</p> Signup and view all the answers

What does the requirement for setting off losses pertain to?

<p>Cumulative losses including previous years (B)</p> Signup and view all the answers

What legislation must the employer comply with to account for depreciation according to the given context?

<p>Income-tax Act (C)</p> Signup and view all the answers

What is the status of an employer’s profit if they have not fully set off the arrears of depreciation?

<p>They are not deemed to have derived profit (A)</p> Signup and view all the answers

What action must the Central Government take regarding the set on or set off provisions mentioned?

<p>Prescribe the manner in which set on or set off is made (C)</p> Signup and view all the answers

Which of the following is NOT considered when calculating tax according to the provided guidelines?

<p>Income derived from the establishment for individuals (C)</p> Signup and view all the answers

In the context of tax calculation, how are religious or charitable institutions treated?

<p>As companies with public interest status (A)</p> Signup and view all the answers

Which type of rebate is specifically mentioned as not accounted for in tax calculations?

<p>Any rebate for exports (B)</p> Signup and view all the answers

What must be true about an individual's income concerning tax calculation under the provided guidelines?

<p>It is considered the only income for tax purposes (A)</p> Signup and view all the answers

Which of the following allowances is mentioned as being not accounted for under the tax provisions?

<p>Arrears of depreciation (B)</p> Signup and view all the answers

Which of the following is included in the restrictions on tax calculation?

<p>Losses from previous years (D)</p> Signup and view all the answers

What happens to institutions whose income is exempt from tax?

<p>They are treated like taxable corporations for certain incomes (C)</p> Signup and view all the answers

According to the guidelines, any rebates on which type of income are not counted when calculating tax?

<p>Income derived from exports (C)</p> Signup and view all the answers

Which of the following assertions about calculation on depreciation is correct?

<p>No account is taken of any arrears of depreciation (C)</p> Signup and view all the answers

Which of the following best describes the implications of section 41 provisions for certain institutions?

<p>Their income is subject to regular tax assessments (B)</p> Signup and view all the answers

Flashcards

Minimum Wages

Legally mandated lowest rate of pay for workers.

Basic Wage Rate

Fixed wage component in minimum wage.

Cost of Living Allowance

Adjustment to minimum wage based on cost of living.

Concessions on Essential Commodities

Discounts on essential goods to workers.

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Fixing Minimum Wages

Setting minimum wage rates, either through committees or public announcements.

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Wage Revisions

Updating minimum wage rates based on economic factors.

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Public Consultation (Wage Fixing)

Government's method of announcing proposed minimum wage changes for public review.

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Tax Calculation Exclusion: Past Losses

When calculating tax for an employer, losses from previous years carried forward under direct tax laws ARE NOT included.

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Tax Calculation Exclusion: Depreciation Arrears

When calculating tax for an employer, any delayed depreciation allowance carried forward under the Income-tax Act ARE NOT included.

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Tax Calculation for Charitable Institutions

Charitable institutions with exempt income are treated like publicly-held companies for tax purposes.

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Individual or Hindu Undivided Family: Tax Calculation

When calculating tax for individuals or Hindu undivided families, only income from the establishment is considered.

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Tax Calculation Exclusion: Export Rebates

Tax calculations EXCLUDE rebates received on income from exporting goods out of India.

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Tax Calculation Exclusion: Other Rebates (Except Development Rebates)

Tax calculations EXCLUDE most rebates EXCEPT for development rebates, investment allowance, development allowance, tax credits, and deductions.

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Tax Calculation Exclusion: Direct Tax Rebates

Tax calculations EXCLUDE any rebates received for industrial development under direct tax laws or Finance Acts EXCEPT for development rebates.

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Accounting Years for Surplus Allocation

For the sixth and seventh years after an employer starts selling goods or services, the surplus allocation rules from Section 36 apply with special modifications.

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Surplus Adjustment in Sixth Year

The allocable surplus for the sixth year is set on or set off based on the excess or deficiency from the fifth and sixth years.

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Surplus Adjustment in Seventh Year

The surplus for the seventh year is adjusted based on the excess or deficiency from the fifth, sixth, and seventh years.

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What happens after the seventh year?

Starting from the eighth year, the surplus allocation rules from Section 36 apply regularly.

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Profit Calculation Condition (a)

An employer can only be considered profitable if they have deducted depreciation allowed by the Income-tax Act.

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Profit Calculation Condition (b)

To be considered profitable, an employer must have fully offset past years' depreciation and losses against current profits.

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Depreciation Set-off - Condition (b)

An employer must set off any depreciation and losses from previous years before claiming profit.

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Profit Calculation - Essential Steps

To calculate profit, an employer must deduct depreciation allowed by the Income-tax Act and set off past years' depreciation and losses.

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Income-tax Act in Profit Calculation

The Income-tax Act dictates the depreciation allowed for calculating profit.

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What is the connection between public and private sector establishments in the context of wage laws?

If a public sector establishment competes with a private sector establishment by selling goods or services, and its income from such activities reaches at least 20% of its gross income, the wage provisions applicable to private sector establishments will also apply to this public sector establishment.

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Who are excluded from the wage regulations of this Chapter?

This particular chapter's wage regulations do not apply to employees of the Life Insurance Corporation of India, seamen as defined in the Merchant Shipping Act, and employees registered or listed under any scheme made under the Dock Workers (Regulation of Employment) Act.

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What is the timeframe for paying wages under this Code?

Wages earned by an employee must be paid within eight months from the close of the accounting year.

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What is the 'accounting year'?

The accounting year is the 12-month period used by a company for financial reporting and accounting purposes.

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What does 'gross income' refer to?

Gross income is the total income of a business before any deductions for expenses or taxes.

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Public sector establishment

An organization that is owned and operated by the government.

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Private sector establishment

An organization that is owned and operated by private individuals or companies.

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What does 'competition' mean in this context?

In the context of these provisions, competition refers to situations where a public sector establishment sells goods or services that are the same or similar to those offered by private sector establishments.

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What is the 'twenty per cent threshold'?

The twenty per cent threshold is the crucial point where the wage regulations for the private sector start applying to a public sector establishment. This is because if the public sector establishment's income from competing activities reaches 20% of its gross income, it's considered to be significantly involved in the private sector market.

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What is the 'gross income' of an establishment?

It is the total income earned by the establishment from all its activities before deductions for expenses or other costs.

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Clarification of Financial Records

When a trade union or employees request clarification on an employer's financial records (balance sheet or profit and loss account), the relevant authority can order the employer to provide the clarification.

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Employer Audits for Bonus Disputes

If a bonus dispute between an employer and employees goes to an authority, and the employer's accounts have been audited by a qualified auditor, the rules for providing financial information are similar to those for corporations and companies.

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What's Audited?

When a bonus dispute goes to an authority, the employer's accounts, audited according to the Companies Act, are examined to clarify financial details.

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Section 47's Applicability

The rules for providing financial information to authorities in bonus disputes (Section 47) apply to employers who aren't corporations or companies as well, if their accounts are audited by qualified auditors.

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Companies Act and Bonus Disputes

When an employer's accounts are audited according to the Companies Act, the rules in Section 47 for providing financial information in bonus disputes apply to them.

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Study Notes

Minimum Wages

  • Minimum wage rates set by the government can include a basic rate, cost of living allowance, and/or cash value of concessions on essential commodities.
  • Cost of living allowances and concession values calculated by an authority appointed by the government at intervals determined by the government.
  • Minimum wage fixation or revision may involve committees appointed by the government to hold inquiries and recommend changes, or publication of proposals by the government with a two-month notice period.

Procedure for Fixing and Revising Minimum Wages

  • Government appoints committees for inquiries and recommendations, or publishes proposals with a two-month notice period for public consultation, when fixing or revising minimum wages.

Application of Chapter Provisions to Public Sector Establishments

  • This chapter will apply to public sector establishments if their income from sales or services meets a certain criteria (e.g., 20% of gross income).

Non-applicability of the Chapter

  • The provisions of this chapter do not apply to certain employees, such as those employed by the Life Insurance Corporation of India, seamen as defined by the Merchant Shipping Act of 1958, or employees registered or listed under schemes made under the Dock Workers (Regulation of Employment) Act, 1948.

Audit of Employers' Accounts

  • The audit requirements of the Companies Act of 2013 apply to accounts of employers (non-corporations) if the accounts are presented to an authority, appellate authority, Tribunal or arbitrator.

Appeals

  • Aggrieved parties can appeal orders from authorities within 90 days, with extensions possible for sufficient cause.
  • Appellate authorities are appointed by the government.
  • Appeals are to be decided within three months.
  • Outstanding dues recovered by the relevant authority.

Records, Returns, and Notices

  • Every employer must maintain a register of employee details, wages, and other prescribed information.
  • Employers must display a notice board with details regarding the Code, wage rates, payment schedule, and inspector information

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The Code on Wages, 2019 (PDF)

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