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..
Sandy_1136 (HR. EXECUTIVE) 23 May 2009
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..
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