Section 23 of The PAYMENT OF WAGES ACT, 1936
Any contract or agreement, whether made before or after the commencement of this Act, whereby an employed person relinquishes any right conferred by this Act shall be null and void in so far as it purports to deprive him of such right.
Summary
- This section stops employers from making workers sign away their legal rights.
- It says any contract or agreement that gives up rights granted by this law is "null and void," which means it has no legal effect.
- This rule applies whether the agreement was made before this law started or after it was already in place.
- It ensures that the basic protections of the Act, like timely payment, cannot be bargained away.
Practical examples
FAQ
1. Can I agree to take a lower level of protection than the Payment of Wages Act provides?
No, Section 23 of the Payment of Wages Act states that any agreement where you give up your rights is null and void.
2. Does Section 23 of the Payment of Wages Act apply to contracts I signed years ago?
Yes, it applies to any contract or agreement whether it was made before or after the Act commenced.
3. What does the term "null and void" mean in Section 23 of the Payment of Wages Act?
It means the agreement has no legal force and is treated as if it never existed in the eyes of the law.
4. If I sign a paper saying I won't sue for late wages, is that legal under the Payment of Wages Act?
No, Section 23 of the Payment of Wages Act makes such an agreement void because it purports to deprive you of a right conferred by the Act.
Test yourself
Q1.Under Section 23 of the Payment of Wages Act, 1936, an agreement to give up legal rights is considered what?
Q2.When does Section 23 of the Payment of Wages Act, 1936, apply to agreements?
Q3.What is the primary purpose of Section 23 of the Payment of Wages Act, 1936?
Q4.If a contract purports to deprive an employee of a right under the Payment of Wages Act, 1936, which part of the contract is void?