Government Of Tamil Nadu

ABSTRACT

Minimum Wages Act, 1948 - Revision of minimum rates of wages for employment in Hotels ad Restaurants - Preliminary Notification - Issued.

LABOUR AND EMPLOYMENT (J1) DEPARTMENT

G.O.(2D) No.24
dated 18.3.2003

Read:

(1) G.O. (2D) No. 31, Labour and Employment Department, dated 15.5.2000

(2) Government Letter No. 23738/J1/2002-1, dated 10.6.2002.

(3) From the Commissioner of Labour, Chennai-6, Letter No. Z1/ 39620 / 2002, dated. 18.11.2002.

* * *

Order:

In the Government Order first read above, the minimum rates of wages for employment in Hotels and Restaurants were last revised under the provisions of the Minimum Wages Act, 1948. The Government have now proposed to revise the minimum rates of wages for employment in Hotels and Restaurants.

2. Accordingly the Notification appended to this order will be published in the Tamil Nadu Government Gazette, both in English and Tamil. The Tamil Development Culture and Religious Endowments (Translation) Department, Secretariat, Chennai-9, is requested to send the Tamil translation of the Notification to the Works Manager, Government Central Press, Chennai. 79.

(BY ORDER OF THE GOVERNOR)

M.B. PRANESH,
SECRETARY TO GOVERNMENT

To

The Works Manager, Government Central Press, Chennai. 79.

(for publication in the Tamil Nadu Government Gazette) (2 copies)

(He is requested to send 5 copies of the Notification to this

section for reference and record)

The Secretary to Government, Tamil Development Culture and

     Religious Endowment (Translation) Department, Chennai.9.

     (2 Copies)

The Commissioner of Labour, Chennai. 6. (5 copies)

The Chief Inspector of Factories, Chennai. 5.

The Director of  Industries and Commerce, Chennai. 5.

The Secretary to Government of India, Ministry of Labour, Government of India, New Delhi. 110001.

The Director, Labour Bureau, Government of India, Ministry of Labour, SCO 28-31 Sector 17-A Chandigarh. 160017.

To

The Employers and Employees Association through the Commissioner of Labour, Chennai. 6. (50 copies)

The Secretary to Government of Andhra Pradesh, Labour

  Employment Training and Factories Department, Hyderabad

The Secretary to Government of Kerala, Labour Department, Thrivananthapuram.

The Secretary to Government of Karnataka, Labour Department, Bangalore.

The Secretary to Government of Pondicherry, Labour Department, Pondicherry.

The Secretary (Labour) Administration of Union Territory of Lakshadweep, Kavaratti Island 682555.

All District Collectors.

The Regional Labour Commissioner, Shastri Bhavan, Haddows Road, Chennai. 6.

Copy to:

The Private Secretary to Principal Secretary to Government,  Labour and Employment Department, Chennai. 9.
The Law Department, Chennai. 9.

Forwarded / by order.

Section Officer.

NOTIFICATION

The following draft of a Notification which it is proposed to issue in exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948), is hereby published for information of all persons likely to be affected thereby, as required by clause (b) of sub-section (1) of section 5 of the said Act.

2. Notice is hereby given that, the draft Notification will be taken into consideration on or after the expiry of two months from the date of publication of the Notification in the TamilNadu Government Gazette and that any objection or suggestion which may be received from any person with respect thereto before the expiry of the aforesaid period will be considered by the Government of Tamil Nadu.  Objection or suggestion, if any, should be addressed to the Principal Secretary to Government, Labour and Employment Department, Secretariat, Chennai 600 009 through the Commissioner of Labour, Chennai - 600 006.

DRAFT NOTIFICATION

In exercise of the powers conferred by clause (b) of sub-section (1) of section 3 and sub-Section (2) of section 5 of the Minimum Wages Act, 1948 (Central Act XI of 1948) and in supersession of the Labour and Employment Department Notification No. II (2) /LE/625/2000, dated the 15th May 2000, published at pages 303 to 305 of Part II -Section 2 of the Tamil Nadu Government Gazette dated the 7th June 2000, the Governor of Tamil Nadu hereby revises the minimum rates of wages payable to the classes of employees in employment in Hotels and Restaurants in the State of Tamil Nadu specified in column (1) of the Schedule below, as specified in the corresponding entries in column (2) thereof:-

THE SCHEDULE

EMPLOYMENT IN HOTELS AND RESTAURANTS

Classes of employees.                                       Minimum Rates of wages (per months)
    (1)                                                                                (2)

                                                                        Zone-A            Zone-B            Zone-C
                                                                              (i)                   (ii)                   (iii)

                                                                        Rs.    P.            Rs.    P.            Rs.   P.

(1)        Grade - I                                              2420.00           2394.00           2360.00

(2)        Grade - II                                             2380.00           2334.00           2300.00

(3)        Grade - III                                            2334.00           2300.00           2261.00

(4)        Grade - IV                                           2295.00           2261.00           2247.00

(5)        Grade - V                                            2261.00           2247.00           2235.00

Note :-   (1)   (i)  Zone-A shall comprise of all Municipal  Corporations and Special Grade Municipalities.

(ii) Zone-B shall comprise of all Municipalities  other than special Grade Municipalities.

  (iii)  Zone-C shall comprise of all areas other  than Municipal Corporations and Municipalities.

(2) Where free food and Tiffin are not supplied to the employees, the employees shall be paid besides the wages specified above, cash equivalent of food and tiffin at the rate of Rs. 24.30 per day for the total number of days in the month namely 28, 29, 30 and 31, as the case may be. The classes of employees who come under each of the above five grades shall be the employees as spcified in note (4).

(3) A "residential hotel" and a ''Restaurant'' shall have the meaning as defined under section 2(11) and 2(12) respectively of the Tamil Nadu Catering Establishments Act, 1958 (Tamil Nadu Act XIII of 1958).

(4) The Grades I, II, III, IV and V shall comprise of the following categories of employees, namely:-

Grade - I.

(1)  Head Cook

(2)  Head Baker

(3)  Sweet and Savoury Maker

(4)  Receptionist

(5)  Supervisor

(6)  Clerk (including Bill Writer)

(7)   Steno-typist

(8)   Typist

(9)   Telephone Operator

(10)  Cashier

(11)  Assistant Manager

(12)  Accountant

(13)  Purchase Officer

(14)  Biriyani Master

Grade - II.

(1)  Assistant Cook

(2)  Baker

(3)  Steward

(4)  Barman

(5)  Head House Keeper

(6)  Pantry-in-charge

Grade - III.

(1) Assistant Cook (Chinna Aduppu)

(2)  Dosai Maker

(3)  Idly Maker

(4)  Ice Cream, Coffee, Tea and Milk Preparer.

(5)  Parotta and Rotti Maker

(6)  Head Waiter

(7)  Grinder

(8)  Driver

(9)  Electrician

(10) Air-Condition Mechanic

(11) Plumber

(12) Carpenter

(13) Tailor

(14) Watchman and Security Guard.

Grade - IV.

(1)  Supplier

(2)  Room Server

(3)  Waiter

(4)   Bearer

(5)   Store Assistant

(6)   Vegetable Cutter

(7)   Coffee Frayer and Grinder

(8)   Pantryman

(9)   Mikkals

(10)  Kitchen Assistant

(11)  Stall Server

Grade - V.

(1)  Cleaner of all Categories (such as vessel cleaners,  Plate washers and Table Cleaners)

(2)  Room Attendant

(3)  Luggage Carriers

(4)  Lasker

(5)  Masalchi

(6)  Gardener

(7)  Chambermaid

(8)   Water Carrier

(9)   Office Boy

(10)  Page Boy

(11)  Lift Operator

Explanations :-  (1)  In addition to the Minimum wages fixed above, the employees shall be paid dearness allowance as indicated below:-

Dearness Allowance :-  (i)   The dearness allowance is linked to the Average Chennai City Consumer Price Index Number for the year 2000. (i.e. 475 points with base 1982=100) and for every rise of one point over and above 475 points, in increase of Rs. 6.20/- per month shall be paid as dearness allowance.

(ii) The dearness allowance shall be calculated every year on the 1st April, on the basis of the average of the indices for the preceding 12 months namely, from January to December.

(iii)  The first calculation shall be effective from the date of publication of this Notification in the Tamil Nadu Government Gazette, based on the average Chennai City Consumer Price Index Number for the previous year.

(2)  Where the nature of work is the same, no distinction in the payment of wages shall be made as between men and women workers.

(3)  To arrive at daily rates of wages, the monthly wages shall be divided by 26.

(4)   To arrive at monthly rates of wages, the daily rates of wages shall be multiplied by 30.

(5)   Wherever the existing wages are higher than the minimum wages fixed herein, the same shall be continued to be paid.

/ True Copy /

Section Officer.