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ratikanta (HR Manager)     14 September 2009

need Assistance

 

Hello everyone,

I have 2 question need immediate views on that

 

1)      If the contractor doesn’t have any PF and ESI code then where there PF, ESI amount will be submitted, if the amount will be submitted in the code of Principal Employer code then contractor employees can claim that they are companies rolled employee. How to solve this issue.

2)      Suppose a person is getting basic 5000 and his pf is deducted now after increment his basic is 8000 now company don’t want to deduct there PF. Then what are the steps Employer should take. Because a PF rule says they will not in exempt categories.

 

 

Please give solutions immediately



Learning

 7 Replies

Arihant AC (Legal Advisor)     14 September 2009

Dear Ratikanta,

As per your querries I would like to say

as per your point

1. Contractor may paid PF / ESIC Dues in Companies Code No. in Separate Challans other than Companies. The contractor employees cannot claim that they are Companies Employee.

 

2. PF is applicable though the employee salary pass the salary limit as pf Act. because he is member while his salary is beyond PF Limit. But his Contribution cannot cross more then PF Max Salary.

 

ratikanta (HR Manager)     14 September 2009

thnx 4 repying so faste any rule there to avoid pf deduction after the salary increament

ratikanta (HR Manager)     14 September 2009

can pf form 11 help us in this case?

Arihant AC (Legal Advisor)     15 September 2009

No Employer can't avoid PF contribution if alary rises.

If the Employee 1'st become member under PF Act the Form 11 will also not helpful.

 

Arihant AC (Legal Advisor)     15 September 2009

No Employer can't avoid PF contribution if Salary increment above PF Salary Limit.

If the Employee 1'st become member under PF Act the Form 11 will also not helpful.

 

ratikanta (HR Manager)     15 September 2009

sir since we have not deduct pf salary after the increment of our employee. then we will pay a heavy fine. plz guide me any way to escape from the problem. since law is made definetely have any loop hole also plz guide me...

Arihant AC (Legal Advisor)     16 September 2009

Sorry there is no such kind of loop hole, you must have to deduct PF from employee as they are already been member before increment. but the maximum PF will be count upto Rs. 6500/- only.

 


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