Dear Saswata
I appreciate your persistence in looking for an AUTHORITATIVE instructions on these, backed by JUDICIAL decision or order.
However, let us accept the fact that there can not be an order or judgement on every aspect of life, unless such cases mushroom and become a serious widespread concern.
Thus, even in the absence of an order or judgement, we should apply our mind without any prejudice or favour, and think rationally with the philosophy of welfare and equity.
There are always unwritten rules and customs which are fair and just. We should know the best practices of industry and apply them.
Warm regards.
From India, Delhi
1425I appreciate your persistence in looking for an AUTHORITATIVE instructions on these, backed by JUDICIAL decision or order.
However, let us accept the fact that there can not be an order or judgement on every aspect of life, unless such cases mushroom and become a serious widespread concern.
Thus, even in the absence of an order or judgement, we should apply our mind without any prejudice or favour, and think rationally with the philosophy of welfare and equity.
There are always unwritten rules and customs which are fair and just. We should know the best practices of industry and apply them.
Warm regards.
From India, Delhi
Dear Sirs,
Eventhough the Helmet is considered as Protective equipment, it is used all the places for private and official use. (For wearing helmet protective gear one of the Tamil Actor Mr. Ajith Kumar told in a press conference "Sweating is better than bleeding"). We are discussing about the PPEs which are required to be used inside the work premises. Obviously it is the responsibility of the Employer to provide safe working environment to their employees. Hence the PPEs are supplied on free of cost. But, in case, the worker runs away with the PPEs and if he quits the job, then the supplied PPEs are waste. (One will not use the Safety Shoes or Safety Jackets used by others and the employer declares it as free, then there will not be any control on expenditure on purchase of PPEs. That's the reason I mentioned that for those leaving the workplace before the stipulated tenure, they can be recovered with the cost of PPEs on prorata basis.
From India, Kumbakonam
Eventhough the Helmet is considered as Protective equipment, it is used all the places for private and official use. (For wearing helmet protective gear one of the Tamil Actor Mr. Ajith Kumar told in a press conference "Sweating is better than bleeding"). We are discussing about the PPEs which are required to be used inside the work premises. Obviously it is the responsibility of the Employer to provide safe working environment to their employees. Hence the PPEs are supplied on free of cost. But, in case, the worker runs away with the PPEs and if he quits the job, then the supplied PPEs are waste. (One will not use the Safety Shoes or Safety Jackets used by others and the employer declares it as free, then there will not be any control on expenditure on purchase of PPEs. That's the reason I mentioned that for those leaving the workplace before the stipulated tenure, they can be recovered with the cost of PPEs on prorata basis.
From India, Kumbakonam
This is a standard reason mentioned by contractors at many places we do audit.
They say that people leave without notice and carry away the PPE and we can't afford to give every time a new person. The principal employer does not pay for this separately, it being a part of computed rate.
We need to give a fair solution (else it will not get resolved irrespective of what the audit report says)
We came up with following solutions from time to time.
If any one has other solutions, please add to it.
- keep a set of helmets and shoes in the factory for use of new employees. After 1 week, give them new ones.
The current minimum wages is about ₹230. So 1 week wages is ₹1380. The helmet, goggles and shoes cost about ₹1200 together. So if he leaves without notice with the PPE, your unpaid wages is more than PPE cost and you can set it off.
If he leaves after a week, same thing, since wages are paid 7-10 days after month end, the cost is recovered from unpaid wages of current month.
- ask the employee to pay for the PPE when they join and reimburse it with salary after they have worked for a month (I think this runs foul of sec 6,7 of POWA since payment to employer amounts to deduction)
- ask the employee to buy shoes and helmet with his own money as condition of joining, and then pay it back with first wages. Here again, by the time wages are paid, contractor has 1 weeks salary with him to adjust if he runs off with the PPE
Keeping a set of common use shoes for new employees is a problem since there will be hygiene issues.
Helmet and goggles is probably ok.
Please give other practical ideas.
Let's be clear - no contractor will bear ₹1200 each time a new employee comes in as his profits get hit badly in cases where attrition is high. On the other hand, most principal employers will refuse to bare this also.
That's the reality. So, prorate adjustment is probably the best idea. But does this amount to deduction under the act ?
From India, Mumbai
They say that people leave without notice and carry away the PPE and we can't afford to give every time a new person. The principal employer does not pay for this separately, it being a part of computed rate.
We need to give a fair solution (else it will not get resolved irrespective of what the audit report says)
We came up with following solutions from time to time.
If any one has other solutions, please add to it.
- keep a set of helmets and shoes in the factory for use of new employees. After 1 week, give them new ones.
The current minimum wages is about ₹230. So 1 week wages is ₹1380. The helmet, goggles and shoes cost about ₹1200 together. So if he leaves without notice with the PPE, your unpaid wages is more than PPE cost and you can set it off.
If he leaves after a week, same thing, since wages are paid 7-10 days after month end, the cost is recovered from unpaid wages of current month.
- ask the employee to pay for the PPE when they join and reimburse it with salary after they have worked for a month (I think this runs foul of sec 6,7 of POWA since payment to employer amounts to deduction)
- ask the employee to buy shoes and helmet with his own money as condition of joining, and then pay it back with first wages. Here again, by the time wages are paid, contractor has 1 weeks salary with him to adjust if he runs off with the PPE
Keeping a set of common use shoes for new employees is a problem since there will be hygiene issues.
Helmet and goggles is probably ok.
Please give other practical ideas.
Let's be clear - no contractor will bear ₹1200 each time a new employee comes in as his profits get hit badly in cases where attrition is high. On the other hand, most principal employers will refuse to bare this also.
That's the reality. So, prorate adjustment is probably the best idea. But does this amount to deduction under the act ?
From India, Mumbai
Dear Saswata
As a matter of fact, the Safety Shoes are issued free of cost. If a worker worked for 3 months then he need not to return or pay for that and after 3 months he will get another pair of shoes. But Helmets and goggles are not have any specified life period. It is one time issue only. But if a person works for short period obviously then it will be recovered or if he leaves after 6 months then the cost of helmets and goggles also will get waived off.
This is the same followed in many construction sites. Hence the PPEs are supplied free of cost only.
From India, Kumbakonam
As a matter of fact, the Safety Shoes are issued free of cost. If a worker worked for 3 months then he need not to return or pay for that and after 3 months he will get another pair of shoes. But Helmets and goggles are not have any specified life period. It is one time issue only. But if a person works for short period obviously then it will be recovered or if he leaves after 6 months then the cost of helmets and goggles also will get waived off.
This is the same followed in many construction sites. Hence the PPEs are supplied free of cost only.
From India, Kumbakonam
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