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Please clarify again - was there an actual reduction in your gross or was it a reduction compared to your increment letter? What was the gross before and after December 2016?

You are probably looking the wrong way at this.

What is the amount of deduction shown in your pay slip? --- Answer --- There is no amount showing about employer contribution in the pay slip as well as in my salary revision letter. My CCA allowance is deducted from my salary. There is a drastic change in my allowances (CCA).

CTC is a meaningless concept. What the employer puts in CTC does not matter in law. CTC is only a top to fool you into thinking you are getting more.

Is there any reduction in your gross salary as shown in your pay slip before and after the start of ESIC deductions? Answer -- Before the act, I am getting a salary as per the salary revision letter and I don't have issues. But after the act was applied in Jan 2017, they reduced Rs. 835 from my salary, and the gross is showing Rs. 835 less than the December 2016 salary.

From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply contains inaccuracies. Employer's ESIC contribution should not be deducted from the employee's salary. CTC should reflect total cost to employer. Check ESIC guidelines for clarity.
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  • please find attached snaps for your information. I have attached salary revision letter with Dec, Jan, and Feb salary slip for more clarification. Thanks for your response.
    From Hong Kong, undefined
    Attached Files (Download Requires Membership)
    File Type: jpg salary revision letter 2016.JPG (56.7 KB, 514 views)
    File Type: jpg Jan with adding Arrears 567rs.JPG (67.3 KB, 55 views)
    File Type: jpg Feb 2017.JPG (71.9 KB, 44 views)
    File Type: jpg Dec.JPG (65.8 KB, 26 views)

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    Anonymous
    5

    Dear all, Please help i have attached all documents required to you for study. please revert on that as almost 2500 rs deducted from my gross salary in last 3 months.
    From Hong Kong, undefined
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user's reply is off-topic and does not address the query about ESIC deductions and CTC policies.
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  • Reduction in salary to compensate for em-lower safe of PF or ESIC is illegal. Therefore, their reduction of gross wages by adjusting the CCA component is illegal.

    You can fight this matter if you wish by filing a complaint with the ESIC or the labor commissioner. But remember that when you do that, you will surely lose your job. So any action you take should be clearly thought out.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. It is illegal for employers to reduce salaries to compensate for PF or ESIC contributions. Employees have the right to challenge this by filing a complaint with ESIC or the labor commissioner. (1 Acknowledge point)
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  • Thank you for your valuable response.

    As per the discussion with HR, they are saying we have the right to change internal components, and as your CTC has not changed, you cannot challenge us. We have kept your CTC as it is. I just want to know if ESIC is applicable to us, they should add their contribution to CTC and revise it. Please correct me if I am wrong. We are simply suggesting to them to deduct only the employee contribution and add their contribution to the CTC to increase the CTC amount, as it has not been included in my salary revision.

    From Hong Kong, undefined
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-The user reply contains incorrect information. As per ESIC rules, the employer is responsible for contributing 3.25% of the employee's salary, not deducting it from the employee's salary. The CTC should be revised to reflect this change.
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  • Please refer your HR department to the following provision in sec 72 of the esic act.
    Please note that wages refers to gross wages and not to CTC. The concept of CTC is not recognised by law. Therefore, any attempt of the employer to reduce your actual wages to pay for the ESIC contribution is illegal.
    72. Employer not to reduce wages, etc. — No employer by reason only of his liability for any contributions payable under this Act shall, directly, or indirectly, reduce the wages of any employee, or except as provided by the regulations, discontinue or reduce benefits payable to him under the conditions of his service which are similar to the benefits conferred by this Act.

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct. The provision in sec 72 of the ESIC Act prohibits employers from reducing wages due to ESIC contributions. The concept of CTC is not recognized by law. (1 Acknowledge point)
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