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Sandy_1136 (HR. EXECUTIVE)     23 May 2009

Pf Diduction

Dear Senior,

   I am working in  a company as a payroll executive. but we are fasing here a criticul problem. This company not diduct pf on minimum wages. I think pf diduct on minimum basic becz delhi minimum wages Basic + D.A..



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 16 Replies

badrinath (Sr.Manager-human resources)     26 May 2009

i couldnt understand what you mean by minimum basic . provident fund  deduction should be on basic wages and D.A., and retaining allowance if any.

Sandy_1136 (HR. EXECUTIVE)     26 May 2009

Currently delhi minimum basic is 3934(basic + da) but a company diduct pf on 2984, 3600,2800, 2700,etc

badrinath (Sr.Manager-human resources)     26 May 2009

As a HR executive, You should take the initiative to properly advice the management.

P.ESAKKIMUTHU (LABOUR CONSULTANT)     29 May 2009

AS PER PF ACT ,PF DEDUCTION IS TO BE MADE FROM BASIC AND DA.IF NOT MAKE A COMPLAINT TO THE PF AUTHORITIES

badrinath (Sr.Manager-human resources)     01 June 2009

Thanks Mr.Prabhakar. normally in most of the companies, the employees are being  exploited.  statutory obligations  are denied  and  legal benefits are not given properly. one of the reason(according to me) is most of the HR managers are not legally qualified persons who are unable to properly advice the management  and some employers practice unethical standards.some of the management advocates also give wrong advice to employers and also to employees which leads to unnecessary confilicts.my view is "law should be given utmost importance".after all law has been framed to safegaurd the interest of the public, which all should realise.

Sandy_1136 (HR. EXECUTIVE)     01 June 2009

I advised the management but he ignore it my sugasation.

badrinath (Sr.Manager-human resources)     01 June 2009

put your suggestion in writing.have a copy with you. thats the end of your role. let the management face the consequences, if any issue comes..

badrinath (Sr.Manager-human resources)     02 June 2009

Mr.Prabhakar,

               minimum wage is the bare wage which should be given by the employer irrespective of the financial position of the company. to my knowledge,  allowances  are decided and fixed by  individual  companies and  there is no law which states that  50%  should  be  basic  and 30% should be other allowances. the companies while framing c.t.c ( cost to company) fix percentages for each component of allowances and they bifuricate the total salary  as basic/ da and other allowance such as hra, conveyance, newspaper allowance etc.

hence ( to my knowledge ) there is no such rule or notification etc.

badhrinath 

Sandy_1136 (HR. EXECUTIVE)     02 June 2009

Mr. badrinath

  Are u have any rule & notification, pf diduct on minimum basic. it is very helpful for me. if  u have please send me a copy of rule & notification.

 

Thnaks & Regards

Sandy

badrinath (Sr.Manager-human resources)     03 June 2009

 Dear Mr.Prabhakar,

                 1. there is no ratio or rule for fixation of components of wages.

                  2. law is silent  on this  and hence if employer fixes 30% of the minimum wage as basic and remaining amount as allowances, it cannot be termed as illegal, unless and until we get clear cut  judgement.( but i came to know that PF authorities are administratively instructed that while they go for PF inspection, they should insist that the employer shoud cover 50% of the minimum wages as ' basic". it seems there is no notification for this. again, this should be confirmed) 

                   2. pl. also refer 1999 AIR 2459 CASE LAW ( air frieght case) for indepth knowledge.

thanks.

Badhrinath

ramesh (n/a)     15 January 2010

Hi

Saw this forum message which is quite old.

I have another question on the matter of PF in CTC

Can an employer show the employer contribution to PF as CTC in the appointment letter? Is it legally valid since the PF rules says that contribution should come from both employer & employee side,

Please advise

Regards

Ramesh
 

 

 

 

 


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