So far as the EPF is concerned, the contribution by both the employer and employee is on the minimum wages. The minimum wages includes basic pay + dearness allowance. This can be a single component or in two components (i.e., minimum basic + DA at the rate prescribed by the Labour Department of the State Government). This is the correct position.
S. Krishnamoorthy
From United States, Roslindale
5S. Krishnamoorthy
From United States, Roslindale
CAN SOMEBODY PROVIDE THE COPY OF THE CASE , J.M.A. Industries Ltd. V/s R.P.F. Commissioner, Faridabad REGARDING DEDUCTION OF PF ON MINIMUM WAGES AMOUNT.
From India, Delhi
From India, Delhi
Malik sir,
I have the same querry. If we are paying the gross wages more than the minimum wages and we are deducting the EPF on less amount than minimum wages. One of my lawyer advised me, it is ok; becoz we are paying more than minimum wages. And after observing group four circular, i felt wrong.Is it ok ? pls advise.
Rgds\\vp
From India, Noida
I have the same querry. If we are paying the gross wages more than the minimum wages and we are deducting the EPF on less amount than minimum wages. One of my lawyer advised me, it is ok; becoz we are paying more than minimum wages. And after observing group four circular, i felt wrong.Is it ok ? pls advise.
Rgds\\vp
From India, Noida
Dear
You can have the copy of the JMA LTd case at the following link
https://www.citehr.com/32490-bifurca...mum-wages.html
Regards
From India, Ludhiana
You can have the copy of the JMA LTd case at the following link
https://www.citehr.com/32490-bifurca...mum-wages.html
Regards
From India, Ludhiana
Can any body give me any decesion reference from a high court or a supreme court. the internal guidelines of Pfd department do not become law. there is no specific reference of paymant of Pf on minimum wages in PF act. An internal guideline by a CPFO or High court judgement ( can be enforced on that state only) or a Suprenme court judgement will be applicable on Union of India. Can some body give a copy of Group 4judgement and its exact status now? .Is the matter in Supreme court or there is judgement from supreme court on that. All pf inspectors come and say that there is an internal guideline to pay Pf on minimum wages-- But no body has shown me any guidelines. Can any body help with present status-- internal guideline by CPFO or a court judgement on this
From India, New Delhi
From India, New Delhi
As in Himachal we can change only 5% of the minimum wage, it means 95% of the minimum wage have to be kept as basic.Please confirm the same in Punjab & Haryana.
Regs
Naveen[/QUOTE]
Mr Naveen can you please attach relevant circular of PF department in this regard, since they are the compentent authority...
Narayanan
From India, Madras
Regs
Naveen[/QUOTE]
Mr Naveen can you please attach relevant circular of PF department in this regard, since they are the compentent authority...
Narayanan
From India, Madras
Mr Naveen can you please attach relevant circular of PF department in this regard, since they are the compentent authority...
Narayanan[/QUOTE]
Dear Narayanan
Could you please forward me the details of the notification of H.P. Govt. allowing 5% change in the minimum wages fixed.
Further, I have gone through the matter in Punjab and has seen that there is no such saying in the notifications issued by the Punjab Govt on minimum wages. The notifications are silent - whether 5% or whole of the minimum wages can be structured in such a way that the carry home salary of the employee is never less than the minimum prescribed.
I can tell you that the Hon'ble High Court of Punjab and Haryana has admitted the writ filed by an employer and has stayed the operation of the impugned order passed by the Labour authorities who were demanding the difference of the minimum wages, where the basic wage was less than the MW, but the carry home is more than the MW fixed.
Further, I have also come across the verdit of the EPF Appellate Tribunal setting aside the order of the 7-A authority demanding PF on minimum wages rather than the basic wages. I am attaching the extract of journal section of 2009 LLR 233.
Regards
From India, Ludhiana
Narayanan[/QUOTE]
Dear Narayanan
Could you please forward me the details of the notification of H.P. Govt. allowing 5% change in the minimum wages fixed.
Further, I have gone through the matter in Punjab and has seen that there is no such saying in the notifications issued by the Punjab Govt on minimum wages. The notifications are silent - whether 5% or whole of the minimum wages can be structured in such a way that the carry home salary of the employee is never less than the minimum prescribed.
I can tell you that the Hon'ble High Court of Punjab and Haryana has admitted the writ filed by an employer and has stayed the operation of the impugned order passed by the Labour authorities who were demanding the difference of the minimum wages, where the basic wage was less than the MW, but the carry home is more than the MW fixed.
Further, I have also come across the verdit of the EPF Appellate Tribunal setting aside the order of the 7-A authority demanding PF on minimum wages rather than the basic wages. I am attaching the extract of journal section of 2009 LLR 233.
Regards
From India, Ludhiana
Dear All Please find the attached file contains Clarification of bifurcation by Labour Office to EPF Office Himachal . Regs Naveen
From India, Mumbai
From India, Mumbai
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Splitting of minimum wages for PF in abeyance (1).pdf
Minimum Wages, ESI & PF.pps