Under Section 45 and Section 49 of the Code on Wages,

Solution

Section 45 of the Code on Wages, 2019 provides a broad and inclusive mechanism for filing wage-related claims. An application for claim can be filed by: (i) the employee concerned; (ii) a registered Trade Union on behalf of the employee; or (iii) the Inspector-cum-Facilitator making it one of the most accessible redressal mechanisms under any labour law. The limitation period for filing a claim is 3 years from the date on which the wages or compensation became due. Upon receiving a claim, the designated authority considers the circumstances and may award compensation in addition to the claim amount, extendable up to ten times the claim determined. The authority shall endeavour to decide the claim within 3 months. If the employer fails to pay the claim, the authority issues a certificate of recovery to the Collector or District Magistrate, who recovers the amount as arrears of land revenue. Under Section 49, an appeal against any order of the claims authority must be filed before the Appellate Authority within 90 days of the order.