PF Act doesn`t say about minimum wages. it only says about wages-ie., basic+DA to be considered for PF calculation, however it is implied that you are stipulated to the min wages act which is also equally applicable to your factory. in any case PF inspector cannot demand the min wages comply
regards
robert[/QUOTE]
From India, Madras
regards
robert[/QUOTE]
From India, Madras
dear meenakshi,
mimimum wages means its a limit of wages for a person like unskilled , semiskilled and skilled. Means government is saying that if you are saying to any person helper then you have to pay the basic +vda which is decided by the government for helper. Means you have to deduct the p.f on government decided basic+v.da ( for example if minimum wages of helper is 4000/- and you are paying him 5000 then you can spilt but remember basic + vda will be 4000/- and 1000 extra will go in other parts. Ok?
From India, Rudarpur
78mimimum wages means its a limit of wages for a person like unskilled , semiskilled and skilled. Means government is saying that if you are saying to any person helper then you have to pay the basic +vda which is decided by the government for helper. Means you have to deduct the p.f on government decided basic+v.da ( for example if minimum wages of helper is 4000/- and you are paying him 5000 then you can spilt but remember basic + vda will be 4000/- and 1000 extra will go in other parts. Ok?
From India, Rudarpur
hi
what the employee is entitiled to get is the wages, the totality thereof, at the rate not less than the minimum wages rate prescribed and therefore , if the employee is paid more than the minimum wages, it cannot be said that there was breach of the employer's duty as defined by the section 12(1) of the act .
even as per the judgement of apex count no need of paying VDA separately.
thanks
From India, Pune
what the employee is entitiled to get is the wages, the totality thereof, at the rate not less than the minimum wages rate prescribed and therefore , if the employee is paid more than the minimum wages, it cannot be said that there was breach of the employer's duty as defined by the section 12(1) of the act .
even as per the judgement of apex count no need of paying VDA separately.
thanks
From India, Pune
Hai
Much was discussed on this subject. The actual point for discussion is whether the minimum wages paid to an employee can be bifurcated into various components like Basic, DA, HRA, Conveyance Allowance, Washing Allowance, Special Allowance etc and by including all these allowance it should not be less than the minimum wages prescribed by the Government to a particular class of establishments/category of employees.
As per Section 2 sub-section (h) Payment of Minimum Wages Act, 1948, the wages is defined as "all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled be payable to a person in respect of his employment or of work done in such establishment and includes house rent allowance but does not exclude certain type of allowances as mentioned in clauses (i) to (v) under the afore said section.
By persuing the language used in the above definition the minimum wage constitutes all the allowances which are capable of being expressed in terms of money. Hence there is no harm in bifurcating the minimum wage component in to various nomenclature of allowances but it should be keep in mind that all these allowances put to gether should not be less than the minimum wages prescribed by the Government to the particular class of establishment/factory.
However, as per Section 6 of the P F Act says the contributions as per the rates fixed by the Government shall be payable on "basic wages, dearness Allowance and retaining allowance if any and Sec 2(b) defines what is basic wage. According to which basic wage means all emoluments which are earned by an employee while on duty in accordance with its terms of employment but does not include HRA/Commission/any other similar wages. For example in out pay structure if HRa/Special Allowance /Commission is included it will satisfy the requirement of Minimum Wages Act and also not liable to pay contributions on those allowance under the PF Act. From the above it is clear we can bifurcate the minimum wages as per the standing orders of the Company and pay the PF contributions only on those allowances as defined under the PF Act.
Thanks
With regards
From India, Hyderabad
Much was discussed on this subject. The actual point for discussion is whether the minimum wages paid to an employee can be bifurcated into various components like Basic, DA, HRA, Conveyance Allowance, Washing Allowance, Special Allowance etc and by including all these allowance it should not be less than the minimum wages prescribed by the Government to a particular class of establishments/category of employees.
As per Section 2 sub-section (h) Payment of Minimum Wages Act, 1948, the wages is defined as "all remuneration, capable of being expressed in terms of money, which would, if the terms of the contract of employment, express or implied, were fulfilled be payable to a person in respect of his employment or of work done in such establishment and includes house rent allowance but does not exclude certain type of allowances as mentioned in clauses (i) to (v) under the afore said section.
By persuing the language used in the above definition the minimum wage constitutes all the allowances which are capable of being expressed in terms of money. Hence there is no harm in bifurcating the minimum wage component in to various nomenclature of allowances but it should be keep in mind that all these allowances put to gether should not be less than the minimum wages prescribed by the Government to the particular class of establishment/factory.
However, as per Section 6 of the P F Act says the contributions as per the rates fixed by the Government shall be payable on "basic wages, dearness Allowance and retaining allowance if any and Sec 2(b) defines what is basic wage. According to which basic wage means all emoluments which are earned by an employee while on duty in accordance with its terms of employment but does not include HRA/Commission/any other similar wages. For example in out pay structure if HRa/Special Allowance /Commission is included it will satisfy the requirement of Minimum Wages Act and also not liable to pay contributions on those allowance under the PF Act. From the above it is clear we can bifurcate the minimum wages as per the standing orders of the Company and pay the PF contributions only on those allowances as defined under the PF Act.
Thanks
With regards
From India, Hyderabad
Dear ACCHR,
1. You can't split minimum wages into various components other then Basic & DA, if your providing more than the minimum wages notified for your specif trade then you can split excess amount into various components according to your wish to evade PF & ESI.
Example /- Minimum Wages is Rs.165/- specified by the Govt. if you're providing Rs.190/- then by keeping Rs.165/- as Basic & DA you can split the remaining amount into various components as per your wish.
Yes, wt ever PF Authorities says is correct in this particular regard. Better refer recent Karnataka High Court Judgement on the same (Group 4 Security Vs RPFO)
Regards / Pavan, 9629488214
From Australia
1. You can't split minimum wages into various components other then Basic & DA, if your providing more than the minimum wages notified for your specif trade then you can split excess amount into various components according to your wish to evade PF & ESI.
Example /- Minimum Wages is Rs.165/- specified by the Govt. if you're providing Rs.190/- then by keeping Rs.165/- as Basic & DA you can split the remaining amount into various components as per your wish.
Yes, wt ever PF Authorities says is correct in this particular regard. Better refer recent Karnataka High Court Judgement on the same (Group 4 Security Vs RPFO)
Regards / Pavan, 9629488214
From Australia
Dear All,
I had argument with many HR professionals about spliting of Miinimum Wages. Those who are truly HR profession will never allow to split the minimum wages. Even those who are good employer will never allow to split. There are high court judgement which is saying you can split the MW if you are paying more than MW but PF authorities will allow it or not I am not aware of it.
I also need a notification copy by PF authorities which says that PF do not have any concern with Minimum Wages (Basic+DA).
Regards,
Omprakash
From India, Pune
I had argument with many HR professionals about spliting of Miinimum Wages. Those who are truly HR profession will never allow to split the minimum wages. Even those who are good employer will never allow to split. There are high court judgement which is saying you can split the MW if you are paying more than MW but PF authorities will allow it or not I am not aware of it.
I also need a notification copy by PF authorities which says that PF do not have any concern with Minimum Wages (Basic+DA).
Regards,
Omprakash
From India, Pune
Dear All,
It was a useful discussion so far. No doubt that an employer has to pay minimum wages as per Minimum Wages applicable in that state. The question is whether this minimum wages payable can be split into different components and PF can be administered accordingly.
Assume Minimum Wages applicable to a particular state is Rs.182/- per day. This means we need to pay around Rs.4750/- p.m. Now, the question is whether this can be split into various components? Answer is “Yes”. For example, we can split like this
Basic HRA CCA Conv Other allowance Gross salary
1250 1750 500 800 450 4750
Hence, we need to pay 12% PF contribution only on the basic. I had attended a seminar convened by Employers' Federaration of Southern India (EFSI) recently in Chennai, wherein Commissioner of PF was one of the speakers. One of the participants raised a question that "was there any rule that certain percetage of Gross must be maintained as Basic (+DA)". He answered there is/was no such rule like that. It is employer's wish to have basic as 3500 or 1000. Only difference that will make is at the time of retirement, the superannuated employee will be left with little pension to be paid to him. It is employer's wish to give him more benefit or not - he asserted.
Hence there is
1. Nothing wrong in spliting the Minimum Wages in different components as long as you pay the min wages i.e. Rs.4750/- (in our example)
2. No specific set of rules w.r.t. fixing Basic wage for an employee/labour
Thanks,
V. Balaji
From India, Madras
It was a useful discussion so far. No doubt that an employer has to pay minimum wages as per Minimum Wages applicable in that state. The question is whether this minimum wages payable can be split into different components and PF can be administered accordingly.
Assume Minimum Wages applicable to a particular state is Rs.182/- per day. This means we need to pay around Rs.4750/- p.m. Now, the question is whether this can be split into various components? Answer is “Yes”. For example, we can split like this
Basic HRA CCA Conv Other allowance Gross salary
1250 1750 500 800 450 4750
Hence, we need to pay 12% PF contribution only on the basic. I had attended a seminar convened by Employers' Federaration of Southern India (EFSI) recently in Chennai, wherein Commissioner of PF was one of the speakers. One of the participants raised a question that "was there any rule that certain percetage of Gross must be maintained as Basic (+DA)". He answered there is/was no such rule like that. It is employer's wish to have basic as 3500 or 1000. Only difference that will make is at the time of retirement, the superannuated employee will be left with little pension to be paid to him. It is employer's wish to give him more benefit or not - he asserted.
Hence there is
1. Nothing wrong in spliting the Minimum Wages in different components as long as you pay the min wages i.e. Rs.4750/- (in our example)
2. No specific set of rules w.r.t. fixing Basic wage for an employee/labour
Thanks,
V. Balaji
From India, Madras
Not at all. If you are not paying as per labor rules and bifurcation given by labor ministry than you are defaulting. Rgds, OPK
From India, Pune
From India, Pune
Dear Manishi,
You can not split the Minimum wages for the purpose of PF you go through the Minimum wages is clearly defined in to Basic and DA. Splitting the minimum wages it self is non compliance.
As per minimum wages act you have to pay defined basic Wages and DA and 5% HRA which is minimum (it may vary state to state). You can pay extra but not less than the defined.
Thanks,
Om
From India, Pune
You can not split the Minimum wages for the purpose of PF you go through the Minimum wages is clearly defined in to Basic and DA. Splitting the minimum wages it self is non compliance.
As per minimum wages act you have to pay defined basic Wages and DA and 5% HRA which is minimum (it may vary state to state). You can pay extra but not less than the defined.
Thanks,
Om
From India, Pune
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Splitting of minimum wages for PF in abeyance (1).pdf
Minimum Wages, ESI & PF.pps