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Indian Labour Law | Minimum Wages

Section 10 of the Code on Wages, 2019: Wages for Less Than a Normal Working Day

Section 10 protects an employee whose minimum wage is fixed on a daily basis when the employer provides fewer working hours than the normal working day. Subject to the statutory exceptions, the employee is entitled to wages as though the full normal working day had been worked.

Current legal status: Section 10 came into force on 21 November 2025 under notification S.O. 5322(E). The applicable Central or State rules and the facts explaining the shortfall in working hours must also be considered.

Text of Section 10: Wages of employee who works for less than normal working day

10. If an employee whose minimum rate of wages has been fixed under this Code by the day works on any day on which he was employed for a period of less than the requisite number of hours constituting a normal working day, he shall, save as otherwise hereinafter provided, be entitled to receive wages in respect of work done on that day, as if he had worked for a full normal working day:

Provided that he shall not be entitled to receive wages for a full normal working day,-

  1. in any case where his failure to work is caused by his unwillingness to work and not by the omission of the employer to provide him with work; and
  2. in such other cases and circumstances, as may be prescribed.

Meaning and scope of Section 10

The provision applies where an employee is covered by a minimum rate of wages fixed by the day under the Code. Working fewer hours than the normal working day does not, by itself, permit the employer to reduce that employee's daily minimum wage. The reason for the reduced hours is decisive.

When full-day wages are payable

For example, if an employee reports ready and willing to work but the employer supplies only part of the day's work, Section 10 ordinarily protects payment as if the employee worked the complete normal day. The applicable minimum wage notification and employment terms should be checked when calculating the amount.

When the full-day entitlement does not apply

The proviso excludes cases in which the shortfall arises from the employee's unwillingness to work, rather than the employer's failure to provide work. Other exceptions may be specified in rules made by the appropriate government. Section 10 should not be read as granting full-day wages for every voluntary early departure or absence.

Key legal terms and related provisions

Minimum rate of wages: The statutory wage floor fixed or revised by the appropriate government under Sections 5 and 6, with components addressed by Section 7 and the procedure for fixation and revision under Section 8.

Normal working day: The number of hours constituting a normal working day, including applicable intervals, is governed by Section 13 and the relevant rules. It is not necessarily the same as the hours actually assigned on a particular day.

Appropriate government and employee: The definitions in Section 2 help identify the governing authority and persons covered. Different Central or State rules may apply depending on the establishment.

Practical application for employers and employees

To determine whether a full daily minimum wage is payable, establish the notified daily minimum rate, the normal hours prescribed for the work, the hours actually worked and whether the employee was willing and available to work the remaining hours. Employers should retain attendance, shift allocation and wage records; employees should preserve relevant records if a wage dispute arises.

Section 10 addresses a short working day. It should be distinguished from Sections 11 and 12, which deal with different classes of work and minimum time rates for piece work, and from provisions governing overtime.

Official law and implementation resources

Important: Rules and notifications differ by jurisdiction and may change. For an actual wage claim, consult the current official gazette and the relevant Central or State labour department.