Seniors and fellow colleagues,

As per the current statute, can we break minimum wages into (BASIC+HRA)? Being a realist, given the current scenario and unforeseen future, companies these days are trying their best to reduce their financial liabilities. Doing so can help them reduce PF contributions. Can the same be done, especially in the case of existing workers, by readjusting their pay breakup.

From India, Delhi
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I need to know the answer to this question. Cant find it explicitly mentioned on any site especially the PF act.

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From India, New Delhi
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From India, New Delhi
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From India, New Delhi
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Dear Learner PF contribution below Minimum wages is viewed as non compliance by EPFO. Please see attached Circular from EPFO. Regards Shailesh Parikh 99 98 97 10 65
From India, Mumbai
Attached Files (Download Requires Membership)
File Type: pdf PF-Circular-dated-23-May-2011-Splitting-of-Minimum-Wages-for-the-Purpose-of-PF-Contribution-Not-.pdf (684.1 KB, 71 views)

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Dear Member,

Forwarding Hon'ble Presiding Officer - EMPLOYEES PROVIDENT FUND APPELLATE TRIBUNAL, New Delhi - Shri Harish Gupta's order dated 26.11.2015, wherein it is mentioned that:

Bifurcation of wages below minimum wages or basic wages and DA etc. are the issues, completely out of the purview of PF authorities. PF authorities have no jurisdiction to ensure the compliance of the Minimum Wages Act or to issue any direction in this regard. Wages are to be determined as a decision between employee and employer, and further authority appointed under the Minimum Wages Act is only empowered to raise issues regarding Minimum Wages to be given to the employee.

This was tolerable until 28.02.2019 (Before Supreme Court Judgement).

Regards,
Suresh

From India, Thane
Attached Files (Download Requires Membership)
File Type: pdf PF_on_Minimum_Wages_Delight_Sevices_-_EPF_Trbnl_order_2015_26.11.2015.pdf (670.3 KB, 20 views)

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As per the principle settled by the Supreme Court, an employer is free to give any breakup to the salary of an employee, provided the total salary is not less than the minimum wage for his/her category of employees.
From India, Faridabad
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