Hi All,

I just want to know if PF and ESI are optional or compulsory for everyone, as one employee receives a monthly salary of 18k. The company also deducts cab charges from the salary. However, if PF and ESI are also deducted from the salary, then the take-home salary will be significantly reduced, making it challenging to survive. Can the employee ask the employer not to deduct the PF and ESI if he does not want these benefits?

Thanks,
Priyanka

From India, Delhi
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Hi all,

Please clarify my question. For example, an employee's gross salary is 3496 + 3345 = 6841. If the employee is present for 31 days, including weekly offs, the employee gets a salary of 6841. Deducting PF 820 and ESIC 120, the total deductions equal 940. Therefore, the take-home salary would be 6841 - 940 = 5901. Am I correct?

Now, I am generating a PF challan. Which wage part should I consider, and what about the ESIC in the gross amount? I want to know which amount is accurate: 6500 * 12% = 780, or 6841 * 12% = 820. Please clarify this doubt.

From India, Bangalore
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Hello Priyanka,

As per the government laws, it is compulsory to deduct ESIC for the employees whose salary is below 15000/-pm, though this limit may vary from state to state. I am not sure if it's optional or completely discontinued for salaries above 15K, but it's definitely not mandatory to be deducted above that limit. You mentioned that your salary is 18000/-pm, so you can definitely opt out of it.

For EPF, it is also to be deducted from the salary, but if it's being deducted from your salary for the first time ever in your professional career, employees do have an option to opt out of it. If ever in past experiences/companies your PF has been deducted, then it's mandatory for the employer to deduct the PF from employees' salary irrespective of their choice.

I hope this information would suffice. Anything else, please feel free to get in touch.


From India, Chandigarh
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Thanks Axita, Is there something limit of basic salary actually this is the total salary, basic wold be the less 40 or 50% of total then same is applicable if basic is less.
From India, Delhi
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Anxita, Being an HR exe do not carry the idea that ,Rs 15000/- limit for ESI may vary from state to state. Varghese Mathew
From India, Thiruvananthapuram
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From India, Chandigarh
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From India, Chandigarh
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Dear Priyanka,

Please understand that although PF and ESI are statutory deductions, they are calculated from different parts of the salary. PF is calculated from Basic+D.A., whereas ESI is calculated from Gross.

If one satisfies the conditions below simultaneously, then he/she is exempted from PF deductions (by filling out form no. 11):

1. If Basic+D.A. is more than 6500.
2. PF was never deducted from the employee prior to the present job.

Similarly, if your Gross is less than 15000/- per month, then ESI deduction is applicable, otherwise not.

Regards,
Ramya Ranjan

From India, Bhubaneswar
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Law on ESI &EPF will not vary from states to states as state govts has no role or rules on it. Varghese Mathew
From India, Thiruvananthapuram
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