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Gandhar Jain (CAO)     01 September 2014

Decreasing salary due to p.f. limit enhancement?

We are a public Junior High School with 35 employees and registered with EPF and ESI. As you know, EPF limits has been enhanced from 6500/- to 15000/- w.e.f. 01/09/14, below is my query -

 

Ex. One of our Employee has been working with us at Rs. 10000/- per month (Basic + DA). Before 1-Sep, his CTC per month to us is 10418/- (Basic + DA + ESI employee + ESI employer). Now from 1-Sep. can we re-structure his Salary as follows -

Basic + DA = 8800/-

EPF employee  = 1056/-

ESI employee = 154/- 

Salary payable = 7590/-

Revised CTC per month  = 10424/- ( Basic + DA + EPF employer +ESI Employer)

Can we do this? or We need to bear the additional 13.71% of earlier Basic+DA ourself?

One of our advisor advised against doing so since we are decreasing the salary of the employee which is not permissible and Labour Inspector will term it as willful manipulation.  But my argument is we are not decreasing the CTC per month by doing so.

Kindly advise!



Learning

 5 Replies

Kumar Doab (FIN)     01 September 2014

Your adviser  has advised you properly.

You can not decrease the Basic+DA....................................PF authorities shall not allow it.

Sudhir Kumar, Advocate (Advocate)     04 September 2014

agreed with Mr Kumar Doab

binay (advocate)     04 September 2014

mr. kumar is qite tell u the proper thing,

i agree with him,

the slut of pf limit has been enhanced, but not the basic pay-rool

PBS KUMAR (HR - PROFESSIONAL)     05 October 2014

Dear Sir,

If the employer has not accepted to enhance the salary of an employee. The impact of PF ceiling on employee's home taking salary is low. Then what is the remedy ? 

Regards,

PBS KUMAR

Kumar Doab (FIN)     05 October 2014

 

Dear Mr. PBS Kumar,

IN many of the threads you have posted meaningful queries. It has been a pleasure to post in response to your queries.

The sole purpose of increase in wage ceiling for PF is to bring more employees in the ambit of the Act that was enacted to provide social security to employees.

It is not in the domain of the  EPFO to ask to increase the wages of employees……………………………..although the authorities are granted power if wages are reduced in order to bring down the PF contributions.

If increase of wages/annual pay package/salary…………. is  inserted in Min.Wages Act/negotiated bilateral settlements/appointment letter/contract of employment/appraisal policy………………….any rule/policy etc then  the increase has to be granted……………………as per the scale in concerned Act/rule/Policy………………………….and any increase shall result in corresponding PF contribution as per PF wages ( i.e. wages as per def. of wages in PF Act)……………

Hope this was in accordance with your query.

 

If it is not pls. elaborate.


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