Sections 10 to 12 explained: this guide covers what it means, who it applies to, the step-by-step process, documents required, fees, due dates and penalties in India — so you can stay compliant with confidence and avoid costly mistakes.
Sections 10, 11 and 12 of the Code on Wages, 2019 are three short rules that sit under the minimum wages chapter. They cover an employee who works less than a normal working day (s.10), an employee who does two or more classes of work with different minimum rates (s.11), and a person on piece work whose minimum is a time rate (s.12).
An employee whose minimum rate is fixed by the day and who works fewer hours than a normal working day gets wages as if he had worked a full normal working day, except where the failure to work is due to the employee's unwillingness or in cases prescribed (s.10). Where an employee does two or more classes of work with different minimum rates, the employer pays not less than the minimum rate for each class for the time spent on it (s.11). A person on piece work for whom only a minimum time rate is fixed must be paid not less than the minimum time rate (s.12).
Section 10: wages for less than a normal working day
If an employee whose minimum rate of wages has been fixed under the Code by the day works on any day for a period less than the requisite number of hours constituting a normal working day, he is, "save as otherwise hereinafter provided", entitled to wages for work done that day as if he had worked a full normal working day.
| Element | Detail |
|---|---|
| Who | An employee whose minimum rate is fixed by the day |
| Trigger | Works for less than the hours of a normal working day |
| Result | Entitled to wages as for a full normal working day |
| Exception (i) | The failure to work is caused by the employee's unwillingness to work and not by the omission of the employer to provide him with work |
| Exception (ii) | Such other cases and circumstances as may be prescribed |
Exception (i) is a two-part test. Pay for the full day is not due only if the shortfall is the employee's unwillingness, and the employer did not fail to provide work. If the employer did not provide work, the employee still gets the full day's wage. The text does not say who bears the burden of proving unwillingness for this exception; but see s.59, which puts the burden of proving payment on the employer in a claim for less payment of wages (see sections 59 and 60).
What the Central Rules add. Rule 12 of the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026) says an employee is not entitled to wages for a full normal working day under s.10 if the employee had agreed to work on a part-time basis as per the terms of the employment, or is not entitled to receive such wage under any other labour law for the time being in force. These apply only where the Central Government is the appropriate Government; where the State Government is, the State's own wage rules apply. See Rules 11 and 12.
Illustration (hypothetical rate). A day rate of Rs 400 applies and the normal working day is eight hours. An employee reports, but the employer sends him home after three hours for lack of work. Under s.10, he gets Rs 400, not three-eighths of it. If a part-time employee had agreed to a four-hour shift as per the terms of employment, rule 12 says the full-day entitlement under s.10 does not apply, and pay follows the part-time terms (subject to the minimum rate notified for that basis).
Our payroll compliance audit service can help you review short-day deductions and part-time arrangements against s.10.
Section 11: two or more classes of work
Where an employee does two or more classes of work, to each of which a different minimum rate of wages is applicable, the employer shall pay in respect of the time respectively occupied in each such class of work wages at not less than the minimum rate in force in respect of each such class.
| Step | What to do |
|---|---|
| 1 | Identify each class of work done in the day or period |
| 2 | Record the time spent on each class |
| 3 | Pay at least the minimum rate in force for that class for that time |
Illustration (hypothetical rates). An employee works 4 hours on an unskilled task with an hourly minimum of Rs 50 and 4 hours on a skilled task with an hourly minimum of Rs 60. The minimum for the day is (4 x 50) + (4 x 60) = Rs 200 + Rs 240 = Rs 440. Paying a flat Rs 400 would breach s.11 for that day, even though Rs 400 equals the lower class's full-day rate. The rates are invented to show the sum.
The section works on "time respectively occupied", so keep a record of the split. Skill categories are fixed under section 6.
Section 12: minimum time rate for piece work
Where a person is employed on piece work for which a minimum time rate, and not a minimum piece rate, has been fixed under the Code, the employer shall pay wages at not less than the minimum time rate.
This links to s.6(2) and (3): the appropriate Government fixes a rate for time work or piece work, and for piece work it fixes a minimum on a time work basis so that piece workers are secured a floor. Section 12 operates where the Government has fixed only a time rate for the piece work. If the earnings at the piece rate would fall below the time rate, the employer must make up the difference. For the old-law view, see piece rate workers and minimum wages.
Illustration (hypothetical). A minimum time rate of Rs 400 a day applies to a piece work category with no minimum piece rate fixed. A worker's output on a slow day yields Rs 320 at the employer's piece rate. The employer must pay Rs 400. On a good day, when output yields Rs 520 at the employer's piece rate, the employer pays Rs 520, since the time rate is a floor.
How they fit
All three rest on the duty in section 5 and on the rate-fixing powers in sections 6 to 9. The meaning of "normal working day" is in section 13, and overtime is in section 14.
Practical points. Record the reason for any short day, set part-time terms out in the appointment letter, split timesheets by class of work, and for piece workers compute both the piece-rate earning and the time-rate floor and pay the higher.
Need help with short-day, split-class and piece-rate payroll?
These rules produce small underpayments that add up across a workforce. Our payroll compliance audit team can test your timesheets and piece-rate calculations against sections 10 to 12 and show where payments fall below the floor.
Key takeaways
- A day-rated employee who works less than a normal day gets wages for a full normal day, unless the shortfall is due to unwillingness (and not the employer's failure to provide work) or a prescribed case applies.
- Rule 12 of the Central Rules adds part-time agreement and entitlement under any other labour law as cases where full-day wages are not due.
- For two or more classes of work, pay at least the minimum rate for each class for the time spent on it.
- Piece workers with only a minimum time rate fixed must get at least that time rate.
Read next
- Section 13: hours of work for a normal working day
- Section 9: floor wage fixed by the Central Government
- Rules 11 and 12 of the Central Rules: contractual employees and short working day
- Piece rate workers and minimum wages
Disclaimer: Based on the Code on Wages, 2019 (as enacted) and, where noted, the Code on Wages (Central) Rules, 2026 (G.S.R. 343(E), 8 May 2026), as on 1 October 2026. The Code is in force from 21 November 2025; State Governments make their own rules for establishments where the State is the appropriate Government, and wage rates are notified separately. Verify the current position before acting.