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Fair Wage

Introduction

The concept of Fair Wage is one of the most important concepts in Indian labour law. It occupies a middle position between the minimum wage (which is the bare minimum required for subsistence) and the living wage (which provides for a comfortable standard of living). The concept of fair wage was elaborated by the Committee on Fair Wages, which was set up by the Government of India in 1948 and submitted its report in 1949. This report remains the foundational document on the concept of fair wages in India.

Meaning of Fair Wage

According to the Report of the Committee on Fair Wages (1949):

"A fair wage is a wage which is above the minimum wage but below the living wage. It must be sufficient to enable the worker to live in reasonable comfort, having regard to all obligations to which an average worker would ordinarily be subjected."

In simple terms, a fair wage is one that:

  • Is more than the bare minimum required for survival
  • Allows the worker to live with reasonable comfort
  • Takes into account the worker's needs, the employer's ability to pay, and the conditions of the industry

Three Levels of Wages in Indian Labour Law

Indian labour law recognizes three levels of wages:

1. Minimum Wage This is the lowest level of wage. It is the bare minimum required for the physical subsistence of the worker and his family. It does not account for any comfort or amenities beyond basic survival needs. The Minimum Wages Act, 1948 provides for fixation of minimum wages.

2. Fair Wage This is the middle level. It is above the minimum wage and provides for a reasonable standard of living including some basic comforts. It takes into account:

  • The productivity of labour
  • The prevailing wage rates in the same or similar industries
  • The level of national income and its distribution
  • The employer's capacity to pay

3. Living Wage This is the highest level. A living wage provides for all the needs of the worker including education of children, insurance against ill health, requirements of essential social needs, and some measure of comfort. The living wage is the ideal that Indian labour law aspires to, as envisioned in Article 43 of the Constitution of India.

Legal Basis

The concept of fair wage is rooted in the Directive Principles of State Policy under the Constitution of India:

  • Article 39(a) — The State shall direct its policy towards securing adequate means of livelihood for all citizens
  • Article 39(d) — Equal pay for equal work for both men and women
  • Article 43 — The State shall endeavour to secure a living wage for all workers

Factors Determining Fair Wage

The Committee on Fair Wages identified the following factors to be considered while determining fair wages:

1. The minimum wage in the industry — Fair wage must always be above the minimum wage.

2. The productivity of labour — Higher productivity justifies higher wages.

3. The prevailing wage rates in the same or similar industries in the region — Wages should be comparable with similar industries.

4. The level of national income and its distribution — The overall economic condition of the country must be considered.

5. The place of the industry in the economy — Essential industries may justify higher wages.

6. The employer's capacity to pay — The financial condition of the employer and the industry is an important factor.

Fair Wage vs. Minimum Wage

Fair WageMinimum Wage
Above minimum wageBare subsistence level
Provides reasonable comfortOnly basic survival
Considers employer's capacityFixed by law regardless of capacity
Flexible based on industryFixed for scheduled employments
Based on Committee ReportBased on Minimum Wages Act, 1948

Important Case Laws

1. Express Newspapers Ltd. v. Union of India (1958) The Supreme Court held that wages must be fixed keeping in mind the capacity of the industry to pay and the need of the worker to live with reasonable comfort. This case is one of the leading cases on the concept of fair wages in India.

2. Unichoyi v. State of Kerala (1961) The Supreme Court held that the concept of minimum wage must be understood in the context of the constitutional directive to provide a living wage. The court observed that the minimum wage must at least provide for the bare necessities of life.

3. Workmen of Reptakos Brett & Co. v. Management (1992) The Supreme Court laid down the norms for fixing minimum wage which also apply to fair wages. The court held that wages must provide for food, clothing, shelter, education, medical care, and some provision for old age.

Conclusion

The concept of fair wage represents the aspiration of Indian labour law to move beyond mere subsistence and towards genuine human dignity for workers. It recognizes that workers are not just economic inputs but human beings with needs and aspirations. While the living wage remains the ultimate goal, fair wage serves as an important and practical milestone on the path towards social and economic justice for India's working class. The concept continues to guide wage fixation by wage boards, tribunals, and courts across India.

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