Dear
I am writing for my neighbour who belongs to a poor family. He is working in an aided school in kerala. He had been working as part time menial from 2005 to 2010may. Now he got promoted as full time menial from june 2010. His salary during part time service was 2300basic + 1794 DA. His promotion is yet to be approved so he is receiving only the part time salary. The rest of pending amount, he said, he will receive when his post gets approved, as a lumpsum.
One fine morning he had been told that PF had not been deducted for his part time service starting from June 2005 and they will be deducting 1500 every month for 32 months to adjust this. He is already receiving only around 4000rs a month. after deducting 1500rs it will be even lesser.
Is there PF for part time?
PF is only 10-12% of basic salary, then for 2300 basic pay the monthly PF would be 276rs. FOr 5 years it would be rs16560. How they say it is 32000rs?
Please help
Rgds
Sreepillai
From United States
I am writing for my neighbour who belongs to a poor family. He is working in an aided school in kerala. He had been working as part time menial from 2005 to 2010may. Now he got promoted as full time menial from june 2010. His salary during part time service was 2300basic + 1794 DA. His promotion is yet to be approved so he is receiving only the part time salary. The rest of pending amount, he said, he will receive when his post gets approved, as a lumpsum.
One fine morning he had been told that PF had not been deducted for his part time service starting from June 2005 and they will be deducting 1500 every month for 32 months to adjust this. He is already receiving only around 4000rs a month. after deducting 1500rs it will be even lesser.
Is there PF for part time?
PF is only 10-12% of basic salary, then for 2300 basic pay the monthly PF would be 276rs. FOr 5 years it would be rs16560. How they say it is 32000rs?
Please help
Rgds
Sreepillai
From United States
Dear Sreepillai,
First of all your are right PF is 12 % of Basic and DA hence his calculation will be (2300+1794) *12/100 = 491.28 (rounded to 491). The calculation of Rs. 1500 is a mystery however the company may be calculating it by makring 491*2 * years of service. However, the company is wrong in this. The employee cannot be made to suffer for the mistake the company has done for 5 years.
Ideally the company should pay off the pF cont not paid from their own poket and regularise it hence forth.
Please ask the employee to approach a Labour Office or PF Office for clarification and solution if the HR doesnt agree to this.
I hope that he has got a appointment letter from the school as they will not be happy when he reports them to official.
He can also approach Citizen Journalist from CNN IBN.
Regards,,
Viraj
From India, Pune
43First of all your are right PF is 12 % of Basic and DA hence his calculation will be (2300+1794) *12/100 = 491.28 (rounded to 491). The calculation of Rs. 1500 is a mystery however the company may be calculating it by makring 491*2 * years of service. However, the company is wrong in this. The employee cannot be made to suffer for the mistake the company has done for 5 years.
Ideally the company should pay off the pF cont not paid from their own poket and regularise it hence forth.
Please ask the employee to approach a Labour Office or PF Office for clarification and solution if the HR doesnt agree to this.
I hope that he has got a appointment letter from the school as they will not be happy when he reports them to official.
He can also approach Citizen Journalist from CNN IBN.
Regards,,
Viraj
From India, Pune
Dear Sree
What was his offer of employment saying. Is there any clear instruction for deduction of PF.
As per my view it is not possible to remit PF for this much longer period. Please get clarified from concerned PF Commissionerate or his PF deduction Office.
If they remitted the same means he can ask for the proof for remittance of PF in his account No.
Let him get clarified from his employer about the basis of deduction.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
What was his offer of employment saying. Is there any clear instruction for deduction of PF.
As per my view it is not possible to remit PF for this much longer period. Please get clarified from concerned PF Commissionerate or his PF deduction Office.
If they remitted the same means he can ask for the proof for remittance of PF in his account No.
Let him get clarified from his employer about the basis of deduction.
With warm regards
S. Bhaskar
9099024667
From India, Kumbakonam
Dear Sreepillai, P.F is applicable for every employee from day one of joining. If he was paid other than salary then PF amount is not required to be dedcuted. regards, Aparna
From India, Pune
From India, Pune
Hi friends
Thanx for the reply. Though he was working as part time, the PF they have calculated is on the basis of full time menial. As part time, his salary was 2300+DA. DA he says kept on increasing for the past 5 years and at present it is 4094 (2300+1794). But they have calculated the PF based on his present, promoted salary pay scale. Actually they had to take the whole record of his salary, calculate the PF by taking into account DA increments all these years. That means his PF amount also would keep on increasing based on DA revisions! Is it practical? May be that is why, to avoid all these pains and confusions, the school authorities easily calculated based on his present salary and show it as his PTM salary from the day he was subscribed to PF Rules..
ITs horrible what is happening in these state government offices..
THe worst situation is, the guy does not understand anything and he is scared of the school authorities to ask anything. He says, if he asks, they will cause more trouble to him, he is already harrassed by those guys there..
May GOd help him.. I have asked him to go n ask the District education office, but I dont think the school authority will allow him to. They dont let him to take even a leave!
Rgds
SreePillai
From United States
Thanx for the reply. Though he was working as part time, the PF they have calculated is on the basis of full time menial. As part time, his salary was 2300+DA. DA he says kept on increasing for the past 5 years and at present it is 4094 (2300+1794). But they have calculated the PF based on his present, promoted salary pay scale. Actually they had to take the whole record of his salary, calculate the PF by taking into account DA increments all these years. That means his PF amount also would keep on increasing based on DA revisions! Is it practical? May be that is why, to avoid all these pains and confusions, the school authorities easily calculated based on his present salary and show it as his PTM salary from the day he was subscribed to PF Rules..
ITs horrible what is happening in these state government offices..
THe worst situation is, the guy does not understand anything and he is scared of the school authorities to ask anything. He says, if he asks, they will cause more trouble to him, he is already harrassed by those guys there..
May GOd help him.. I have asked him to go n ask the District education office, but I dont think the school authority will allow him to. They dont let him to take even a leave!
Rgds
SreePillai
From United States
Dear Sree
There is a very valid case for your neighbor. The Government cannot keep a person permanently on part time employment for 5 years and deduct PF for full time payment.
The error has occurred from the governments side. I advise you to file a online complaint against the school authority on behalf of your neighbor.
You may visit the below mentioned link for any information
Links to Kerala Government Departments and Agencies.
The chance are that if the matter comes to light then the school authorities will be charged with criminal complain and also will be liable to pay pf and its interest and also penalty on the pf+interest amount.
Regards
Octavious
From India, Mumbai
There is a very valid case for your neighbor. The Government cannot keep a person permanently on part time employment for 5 years and deduct PF for full time payment.
The error has occurred from the governments side. I advise you to file a online complaint against the school authority on behalf of your neighbor.
You may visit the below mentioned link for any information
Links to Kerala Government Departments and Agencies.
The chance are that if the matter comes to light then the school authorities will be charged with criminal complain and also will be liable to pay pf and its interest and also penalty on the pf+interest amount.
Regards
Octavious
From India, Mumbai
HEllo friends
Thanx for the replies. I have communicated the same to him and his family. Given the address of kerala aided school employees pf office also.. I shall try my best to help him by contacting them.. but when I said all this, the guy is scared of the school authorities. He says if he gives complaint against them, he wont be able to continue there. THey would make his life miserable and try all ways to expel him from the job on any fraud reasons.. Pathetic..
Thnx n Rgds
SreePillai
From United States
Thanx for the replies. I have communicated the same to him and his family. Given the address of kerala aided school employees pf office also.. I shall try my best to help him by contacting them.. but when I said all this, the guy is scared of the school authorities. He says if he gives complaint against them, he wont be able to continue there. THey would make his life miserable and try all ways to expel him from the job on any fraud reasons.. Pathetic..
Thnx n Rgds
SreePillai
From United States
Dear sreepillaiz
I have gone through the discussions and I appreciate the concern and solutions suggested by our helpful members, including our Super Mod. Octavious.
I also understand the apprehension, worry and fear that the person is experiencing.
I have noted that "The rest of pending amount, he said, he will receive when his post gets approved, as a lumpsum."
What it implies is that the post is not yet approved nor he has received any confirmation letter.
As a prudent measure and to avoid any potential problems; I would strongly recommend that you wait till he receives his confirmation orders and then follow-up the matter as suggested above; lest it should jeopardize his regularization.
I hope, it will be possible to lie low, till that time.
Warm regards.
From India, Delhi
I have gone through the discussions and I appreciate the concern and solutions suggested by our helpful members, including our Super Mod. Octavious.
I also understand the apprehension, worry and fear that the person is experiencing.
I have noted that "The rest of pending amount, he said, he will receive when his post gets approved, as a lumpsum."
What it implies is that the post is not yet approved nor he has received any confirmation letter.
As a prudent measure and to avoid any potential problems; I would strongly recommend that you wait till he receives his confirmation orders and then follow-up the matter as suggested above; lest it should jeopardize his regularization.
I hope, it will be possible to lie low, till that time.
Warm regards.
From India, Delhi
Dear Sree
PF is only for regular employees and not for any part time/casual/contingent workers.
So, there seems to be some corrupt move on the part of the authorities.
However, if the authorities decide to regularize his services from June 2005, only then they would be entitled to deduct PF from that date and that too at the prescribed minimum rate, but not on arbitrary basis.
BUT, In full agreement with the advice of Shri Raj Kumar Hansdah, please observe restraint till the employee is regularized. Take up the matter only after he gets the regularization letter in his hands.
From India, Delhi
PF is only for regular employees and not for any part time/casual/contingent workers.
So, there seems to be some corrupt move on the part of the authorities.
However, if the authorities decide to regularize his services from June 2005, only then they would be entitled to deduct PF from that date and that too at the prescribed minimum rate, but not on arbitrary basis.
BUT, In full agreement with the advice of Shri Raj Kumar Hansdah, please observe restraint till the employee is regularized. Take up the matter only after he gets the regularization letter in his hands.
From India, Delhi
Hello Sirs..
Yes thanx for all the valuable suggestions.. What u said is right, we need not take any action at this present moment. We shall sit silent till his post gets approved by the govt, and he starts getting his salary. But the guy even feels that, as they have already done mistake regarding his PF calculation simply to turture him, they might play games to keep on extending his approval. HE said one of the staff in his school also said that he might be receiving a salary much lesser than the stipulated pay scale. Everything depends upon what the school authorities convey to the government. If they send some wrong information, this time also, his salary amount also might get reduced.
As far as I know his grand grand father was the founder of the same school. He says now his colleagues make fun of him, that he is doing the meanest job there. And they, including the whole management along with staff has joined hands to keep him even lower than the lowest.. I think it was a wrong decision by his father to send him to that same school..
THnx n Rgds
SreePillai
From United States
Yes thanx for all the valuable suggestions.. What u said is right, we need not take any action at this present moment. We shall sit silent till his post gets approved by the govt, and he starts getting his salary. But the guy even feels that, as they have already done mistake regarding his PF calculation simply to turture him, they might play games to keep on extending his approval. HE said one of the staff in his school also said that he might be receiving a salary much lesser than the stipulated pay scale. Everything depends upon what the school authorities convey to the government. If they send some wrong information, this time also, his salary amount also might get reduced.
As far as I know his grand grand father was the founder of the same school. He says now his colleagues make fun of him, that he is doing the meanest job there. And they, including the whole management along with staff has joined hands to keep him even lower than the lowest.. I think it was a wrong decision by his father to send him to that same school..
THnx n Rgds
SreePillai
From United States
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