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

Updated for the Code on Wages (Central) Rules, 2026

Section 10 protects a daily-rated employee whose minimum wage is fixed under the Code when the employee works fewer than the hours constituting a normal working day. Subject to the statutory exceptions, the employee is entitled to wages as though a full normal working day had been worked.

Current legal position: Section 10 is in force from 21 November 2025. For Central sphere employment, the Code on Wages (Central) Rules, 2026 further specify normal working hours and circumstances in which full-day wages are not payable.

Text and effect of Section 10

Where an employee's minimum rate of wages is fixed by the day and the employee works for less than the requisite hours of a normal working day, Section 10 generally requires payment as if the employee had worked the full normal working day.

The protection does not apply where the shortfall in work is caused by the employee's unwillingness to work rather than the employer's omission to provide work, or in other prescribed cases and circumstances.

What Section 10 means

Daily minimum wageThe provision concerns an employee whose minimum rate of wages has been fixed by the day under the Code.

Shorter work periodThe employee must have worked for fewer than the hours constituting the applicable normal working day.

General entitlementIf the conditions are met, wages are payable for that day as if a full normal working day had been worked.

Statutory exceptionsFull-day wages are not due where the employee is unwilling to work or where another prescribed exception applies.

Normal working day under the 2026 Central Rules

Rule 5 of the Code on Wages (Central) Rules, 2026 provides that, for an employee whose wage period is on a daily basis, a normal working day is eight hours, with rest intervals governed by the relevant notification under the Occupational Safety, Health and Working Conditions Code, 2020. For an employee whose wage period is not daily, working hours are to be fixed so that total weekly working hours do not exceed 48 hours.

Additional exception under Rule 12

Rule 12 of the Code on Wages (Central) Rules, 2026 provides that an employee is not entitled to wages for a full normal working day under Section 10 where the employee agreed to work on a part-time basis under the terms of employment, or is not entitled to such wages under another labour law for the time being in force.

Practical example

Suppose a daily-rated employee reports for work and is ready and willing to perform the normal working day, but the employer provides work for only part of that day. Subject to the applicable rules and facts, Section 10 can require payment as if the employee had worked the full normal working day. By contrast, the statutory protection does not give full-day wages where the employee voluntarily refuses to work the available normal hours.

Related provisions

Section 10 should be read with Section 9 on floor wage, Sections 11 and 12 on different classes of work and piece work, and Section 13 on hours constituting a normal working day.

Note: This page is a general legal information resource. The applicable government, wage notification, employment terms and facts should be checked for a particular case.