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rath_ratikanta
3

dear depak minimum wages act aplicable on every person those who works in an organisation. In contractor worker too
From India, Angul
Janak Soni
5

There is one term COLA - i.e. Cost of Living Allowance. Whether it is a term defined under Indian Payment of Wages Act ? If not, some companies bifurcate wages such as Basic + Cola + HRA......... , Is it permissible to use word Cola ? Term Dearness Allowance is defined in the Act, but how can one assume that Cola is the same term as Dearness Allowance unless it is specifically defined under the Act.
Can anyone enlighten me on this confusion? If term Cola can be used as it is, what are the rules pertaining fixing Cola under Indian labour laws.? Quick response is solicited. Thanks and regards to all reader friends.

From India, Surat
chaitanya.negi
Dear Friends,
As per all above discussion, they all are right as per the market view or as per companies bifurcating the minimum wages, but the thing as per the labour law is noted that Minimum Wages is equal to Basic Wage+Dearness Allowance and not any more to be bifurcated in the minimum wages other than above two.
As yestarday I was before the Labour Commissioner for Gratuitycase, on that we have bifurcated the minimum wage or salary of the emoloyee in different heads but the basic is less than the minimum wages decided by the law.
He franckly said minimum wage is the basic wage of an employee not other heads, that we have to pay the Gratuity amouont on the perscribed minimum wages.
now in all about abouve discussion, I mean to say that the minimum wage is the basic wage of the employee only or if pay DA so we can add the BAcis and DA as minimum wage.
If any changes or mistake is there pls discuss and post.
Regards
Nandan Negi

From India, New Delhi
chaitanya.negi
Dear Friends,
As per all above discussion, they all are right as per the market view or as per companies bifurcating the minimum wages, but the thing as per the labour law is noted that Minimum Wages is equal to Basic Wage+Dearness Allowance and not any more to be bifurcated in the minimum wages other than above two.
As yestarday I was before the Labour Commissioner for Gratuitycase, on that we have bifurcated the minimum wage or salary of the emoloyee in different heads but the basic is less than the minimum wages decided by the law.
He franckly said minimum wage is the basic wage of an employee not other heads, that we have to pay the Gratuity amouont on the perscribed minimum wages.
now in all about abouve discussion, I mean to say that the minimum wage is the basic wage of the employee only or if pay DA so we can add the BAcis and DA as minimum wage.
If any changes or mistake is there pls discuss and post.
Regards
Nandan Negi

From India, New Delhi
Deepak Behl
2

Dear All,
Hope the attached order ristricting bifurcation of pf wages below Minimum Wages from the RPFC Haryana serves your purpose.
Deepak Behl
Piyush Consultancy Services
(Labour Laws Consultant)
Ph ; 9811397722

From India, Delhi
Attached Files (Download Requires Membership)
File Type: jpg PF wages Bifurcation notification.jpg (415.7 KB, 440 views)

Suthanthira Selvan
78

Dear Seniors,
Read, the Swastik73 box. All allowances are included into the Wages definition. So, We can bifurcate the minimum wages. (this is my view).
However, The law makers are confusing in so many things in labour law.
Labour laws should be revised without any loopholes.
Warm Regards,
Suthanthira Selvan

From India, Madras
Guleria0172
Dear all,
If we go by the description of the regulation that was passed for Wages it means all the elements providing monetary benefits to the employees according to which Basic HRA Conv. all must be included and so does the wage could be bifurcated .
and If you go by the notification from the EPFO : we cant just bifurcate the Minimum wage for the purpose of reducing the PF deduction .These acts are meant for providing the long term benefits to the employees . PF office could force you to deduct the PF on the minimum wage and can also take legal action for that.
This rule is applicable for companies covered under shop act also as per the section 3 and 4 of min wage act stating basic plus dearness allowance are not amenable to split up.
Thanks and regards,
Himanshu Guleria

From India, Bangalore
gobarchand
17

Dear All,
Situation for Deepak still prevails, as the companies bifurcating minimum wages amount is subject to the legal action or they are on safe side??
In terms of adhering to Labour Laws, should we split the minimum wages (Can pay the EPF contribution on minimum wages or on bifurcated minimum wages as Basic)...Plz suggest, as it has been a bone of contention for many of us for so long.
Thanks,
Manish Gupta

From India, Ghaziabad
anilmathur
I AM IN A CHARITABLE MEDICAL CENTRE IN DELHI. WE ARE PAYING OUR EMPLOYEES AS PER MINIMUM WAGES. ONCE WE CROSS THE LIMIT OF NUMBER OF EMPLOYEES WE NEED TO ADD PF FACILITY. CAN WE ADJUST EMPLOYER CONTRIBUTION IN EMPLOYEES SALARY. PLEASE ADVICE.
ANIL

From India, Delhi
yamini.d
5

Hi, Please give the clarity for bifurcation of gross salary. 50% of basic in gross is necessary or not. if yes, plz send the GO asper act, or give the clarity.
From India, Hyderabad
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