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termination of employee during covid lockdown read further at this link - https://www.citehr.com/620431-employ...ny-during.html
From India, Hyderabad
From India, Hyderabad
Work from home culture will result in removal of all non essential employees Very tragic
From India, Ernakulam
From India, Ernakulam
if company paid regularly pf contribution in contractor bill,,and not paid pf amount for 5 months by contractor,,,who are responsible in that case...
From India, Mumbai
From India, Mumbai
Dear Mr. 
Contractor is responsible in this case for not remitting the amount. But for all statutory obligations onus of responsibility lies with the Principal employer.
Now. the only way out is to remit pf contributions with interest+damages in respect of employees
by the Principal employer, as soon as possible, and deduct the entire amount from the bill of Contractor. You can also ask for explanation from contractor.
Also in future, you need to obtain a declaration on monthly basis from contractor alongwith proof of remittance of PF/ESI in respect of employees by the contractor, for his (contractors) bill passing for payment, thus you can idemnify your company from this.
From India, Aizawl
Contractor is responsible in this case for not remitting the amount. But for all statutory obligations onus of responsibility lies with the Principal employer.
Now. the only way out is to remit pf contributions with interest+damages in respect of employees
by the Principal employer, as soon as possible, and deduct the entire amount from the bill of Contractor. You can also ask for explanation from contractor.
Also in future, you need to obtain a declaration on monthly basis from contractor alongwith proof of remittance of PF/ESI in respect of employees by the contractor, for his (contractors) bill passing for payment, thus you can idemnify your company from this.
From India, Aizawl
Dear Radhakrishan Nair,
It seems to me from queriest post that the contractor is an independent contractor having been allotted with separate code numbers of PF and ESI etc. to his establishment.
Under the circumstances, the contractor is solely responsible for the remittance of dues. Therefore I differ to your statement - "But for all statutory obligations onus of responsibility lies with the Principal employer".
Reference : Brakes India Ltd. Vs. EPFO, Vellore 2015 LLR 635.
From India, Mumbai
It seems to me from queriest post that the contractor is an independent contractor having been allotted with separate code numbers of PF and ESI etc. to his establishment.
Under the circumstances, the contractor is solely responsible for the remittance of dues. Therefore I differ to your statement - "But for all statutory obligations onus of responsibility lies with the Principal employer".
Reference : Brakes India Ltd. Vs. EPFO, Vellore 2015 LLR 635.
From India, Mumbai
Dear Jegatheshd1,
There is no such percentage of basic pay, da, hra, special allowance, conveyence, washing allowance, medical allowance and night shift allowance to gross pay except as mentioned in Code of Wages.
Giving salary in various components is called splitting of salary. It is not mandatory to split the salary in various components unless by law you are liable to pay certain allowance e.g. HRA in 5% in Maharashtra.
You are splitting the salary for various reasons as it suits you and for various reasons you know better.
There is a mandate that you have to pay basic component as per minimum wage rate. This means you can not keep basic component less than minimum wage rate as applicable. Minimum Wage consists of Basic + DA + RA.
As per the Code On Wages, Wages means Basic + DA + RA.
As per the Code On Wages, Basic + DA should be min 50% of Gross.
As per the Code On Wages, Wages in Kind should not be more than 15% of Gross.
As per the Code on Wages, Wages other than Basic + DA + RA, in excess to 50% of it, shall be treated as wages.
As per the Code on Wages, Wages in kind in excess of 15% of Gross, shall be treated as wages.
From India, Mumbai
There is no such percentage of basic pay, da, hra, special allowance, conveyence, washing allowance, medical allowance and night shift allowance to gross pay except as mentioned in Code of Wages.
Giving salary in various components is called splitting of salary. It is not mandatory to split the salary in various components unless by law you are liable to pay certain allowance e.g. HRA in 5% in Maharashtra.
You are splitting the salary for various reasons as it suits you and for various reasons you know better.
There is a mandate that you have to pay basic component as per minimum wage rate. This means you can not keep basic component less than minimum wage rate as applicable. Minimum Wage consists of Basic + DA + RA.
As per the Code On Wages, Wages means Basic + DA + RA.
As per the Code On Wages, Basic + DA should be min 50% of Gross.
As per the Code On Wages, Wages in Kind should not be more than 15% of Gross.
As per the Code on Wages, Wages other than Basic + DA + RA, in excess to 50% of it, shall be treated as wages.
As per the Code on Wages, Wages in kind in excess of 15% of Gross, shall be treated as wages.
From India, Mumbai
There was a post by Jegatheshd1 on what is the percentage of basic pay, da, hra, special allowance, conveyence, washing allowance, medical allowance and night shift allowance to gross pay.
I responded to this post, but this post seems to be deleted from here.
From India, Mumbai
I responded to this post, but this post seems to be deleted from here.
From India, Mumbai
Respected Umakanthan Sir and Madhu Sir,
Sorry to post which is not relevant to the subject matter.
There is discussion going on in below given link on similar subject as in my post #28 above. I request you to given your valuable inputs.
https://www.citehr.com/620801-can-hr...ic-salary.html
From India, Mumbai
Sorry to post which is not relevant to the subject matter.
There is discussion going on in below given link on similar subject as in my post #28 above. I request you to given your valuable inputs.
https://www.citehr.com/620801-can-hr...ic-salary.html
From India, Mumbai
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