Section 19: Fines

The Code on Wages, 2019 (Act No. 29 of 2019) • Official Statutory Text & Plain English Practice Guide

Statutory Mandate
Chapter III: Payment of Wages
Competent Labour Forum
Act No. 29 of 2019

Legal Commentary & Landmark Judgments: Section 19

Section 19 strictly regulates the imposition of disciplinary fines on employees, prohibiting any fine save with the prior approval of the appropriate Government, restricting fines to specified acts and omissions exhibited on notice boards, and capping total fines at three per cent of wages payable in a wage period.

  • Prior Government Approval and Notice Board Exhibition: Section 19(1) bars employers from imposing fines except in respect of specific acts and omissions previously approved by the appropriate Government and prominently displayed on notice boards in the workplace.
  • Mandatory Show-Cause Opportunity: Section 19(2) mandates that no fine shall be imposed on any employee until they have been given an opportunity of showing cause against the fine in accordance with principles of natural justice.
  • Three Per Cent Wage Ceiling and Minor Immunity: Section 19(3) caps the fine at 3% of the employee's wage for the period; Section 19(4) totally prohibits fines on employees below 15 years; Section 19(5) bars recovery by installments or after 90 days; Section 19(6) requires fines to be credited to a statutory welfare fund.
Key Landmark Precedents:
  • Firestone Tyre & Rubber Co. of India v. Its Workmen (1981) 3 SCC 451: The Supreme Court held that managerial disciplinary powers cannot be exercised arbitrarily, ruling that financial penalties and wage deductions must strictly adhere to statutory safeguards and natural justice.
  • Glaxo Laboratories (I) Ltd. v. Presiding Officer, Labour Court (1984) 1 SCC 1: The Supreme Court held that an employer cannot penalize an employee for any misconduct or omission that was not explicitly defined and notified to workers in approved standing orders or statutory lists.
Courtroom Practice & Strategic Litigation Guidance:

Employers cannot levy arbitrary ad-hoc financial penalties for lateness, productivity shortfalls, or minor errors. Compliance counsel must ensure that: (a) a formal list of acts and omissions is submitted to and approved by the Labour Commissioner, (b) a written show-cause notice is issued before deducting any fine, (c) total fine deductions do not exceed 3% of monthly wages, and (d) all fine collections are deposited into the State Labour Welfare Fund.