Section 8 of the Code on Wages, 2019: Procedure for Fixing and Revising Minimum Wages

Section 8 lays down the procedure that the appropriate Government must follow when it fixes minimum rates of wages for the first time or revises existing minimum rates under the Code on Wages, 2019.

Current legal position: The Code on Wages, 2019 was brought into effect from 21 November 2025. Section 8 should therefore be read with the other minimum-wage provisions of Chapter II, particularly sections 5 to 9, and with applicable rules and notifications.

What Section 8 provides

The provision gives the appropriate Government two alternative routes for fixing or revising minimum wages: a committee-based enquiry and recommendation process, or publication of proposals for affected persons to consider and respond to. It also regulates the composition of committees, the final notification, consultation with the Advisory Board in the proposal route, and periodic review.

Section 8 - statutory procedure

Sub-section (1): When minimum rates of wages are fixed for the first time or revised, the appropriate Government may either appoint the necessary committees to conduct enquiries and make recommendations, or publish its proposals by notification for persons likely to be affected. Under the proposal route, the date fixed for consideration cannot be less than two months from the date of the notification.

Sub-section (2): A committee must include representatives of employers and employees in equal numbers. Independent persons may constitute up to one-third of the total membership.

Sub-section (3): After considering the committee recommendation or representations received under the proposal procedure, the appropriate Government fixes or revises the minimum wage rates by notification. Unless that notification provides otherwise, the rates take effect after three months from its issue. Where revision is undertaken through published proposals under section 8(1)(b), the concerned Advisory Board constituted under section 42 must also be consulted.

Sub-section (4): The appropriate Government must ordinarily review or revise minimum rates of wages at intervals not exceeding five years.

Meaning of important expressions

Appropriate Government

The expression is defined in section 2 of the Code and determines whether the Central Government or the State Government is responsible for a particular establishment. The applicable Government depends on the nature and control of the establishment specified by the Code.

Minimum rate of wages

Section 6 requires the appropriate Government, subject to section 9, to fix minimum rates of wages in accordance with section 8. Section 7 describes the permissible components of a minimum wage, including a basic rate, cost-of-living allowance and, where applicable, the cash value of concessions.

Advisory Board

Section 42 provides for Advisory Boards. For a revision made through the proposal-and-representation method in section 8(1)(b), section 8 expressly requires consultation with the concerned Advisory Board.

How the Section 8 procedure works

  1. The appropriate Government decides to fix or revise minimum wage rates.
  2. It chooses either the committee method under section 8(1)(a) or the notification-and-proposals method under section 8(1)(b).
  3. Under the committee method, the prescribed representative composition must be maintained.
  4. Under the proposal method, affected persons must receive at least two months before the proposals are considered.
  5. The Government considers the recommendation or timely representations and, where required, consults the concerned Advisory Board.
  6. The final rates are notified and ordinarily take effect three months after the notification unless the notification specifies otherwise.
  7. The rates must ordinarily be reviewed or revised within a period not exceeding five years.

Related provisions

Section 8 operates as part of Chapter II on minimum wages. Readers should also refer to sections 5 and 6 on payment and fixation of minimum wages, section 7 on components of minimum wages, and section 9 on the Central Government's power to fix a floor wage.

Official resources

For the authoritative statutory text and current Central rules or notifications, refer to the Ministry of Labour and Employment and the e-Gazette of India. State-specific minimum-wage notifications should be checked with the concerned State Government or Labour Department.

Updated: 16 September 2026. This page is an informational guide; the applicable notification and rules should be checked for a particular employment or establishment.