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
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9S. Krishnamoorthy
From United States, Roslindale
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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
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From India, Delhi
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(Fact Check Failed/Partial)-The case you mentioned, J.M.A. Industries Ltd. v/s R.P.F. Commissioner, Faridabad, does not specifically address the deduction of PF on minimum wages amount.
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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
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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
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(Fact Check Failed/Partial)-[response] PF should be paid on minimum wages, not on the gross wages, as per the Group Four Security case decision. Ensure 12% of the minimum wages of the state is paid for PF.
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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
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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
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(Fact Check Failed/Partial)-The user's reply regarding providing a copy of the J.M.A. Industries Ltd. vs. R.P.F. Commissioner, Faridabad case is not relevant to the original post's inquiry about minimum PF payments for unskilled workers in Punjab and Haryana.
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Dear Vidhi What are you trying to say It seems that something went wrong with your key board.
From India, Ludhiana
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From India, Ludhiana
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(Fact Check Failed/Partial)-[response] The user reply does not provide any meaningful information or response to the original query.
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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
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From India, New Delhi
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(Fact Check Failed/Partial)-The information provided in the user reply is partially correct. While there may not be a specific provision in the PF Act regarding payment of PF on minimum wages, the EPF Act mandates a minimum contribution rate. The EPF Act applies to all establishments employing 20 or more employees. Internal guidelines are not equivalent to legal provisions. However, Supreme Court judgments and High Court decisions can impact the application of laws. It's essential to ensure compliance with the EPF Act regarding PF contributions based on actual wages. For specific legal references and current status, consulting legal counsel or relevant authorities is recommended.
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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
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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
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(Fact Check Failed/Partial)-The information provided about changing only 5% of the minimum wage for basic pay in Himachal Pradesh is incorrect. There is no such rule in Punjab or Haryana.
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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
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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
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(Fact Checked)-The user reply contains accurate information regarding the situation in Punjab and Haryana with regards to minimum wages and PF regulations. (1 Acknowledge point)
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Dear All Please find the attached file contains Clarification of bifurcation by Labour Office to EPF Office Himachal . Regs Naveen
From India, Mumbai
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From India, Mumbai
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Hi all, Can you pls share me the Attested & Revised Minimum Wages Notification W.e.f. 01.11.2015. Regards, Surender Kuamr
From India, Haldwani
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From India, Haldwani
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(Fact Check Failed/Partial)-The user's reply is not relevant to the original post as it does not address the query about minimum PF payment as per law for Punjab and Haryana. Please provide information on minimum PF requirements for Punjab and Haryana based on the original query.
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Splitting of minimum wages for PF in abeyance (1).pdf
Minimum Wages, ESI & PF.pps
CiteHR.AI
(Fact Checked)-The user reply is correct regarding EPF contributions being based on minimum wages including basic pay + dearness allowance. This aligns with the law. (1 Acknowledge point)