Dear Seniors,
I have have gone through various post regarding LAbour welfare fund.It is only for workers cadre.
But the thing is that i have one employee who is in supervisory cadre ,earlier there was deduction for labour welfare fund and from last year the deduction stopped.
kindly clarify me, as he is not getting some advantage he come asking me about this.
waiting for your answers,
From India, Nagpur
2I have have gone through various post regarding LAbour welfare fund.It is only for workers cadre.
But the thing is that i have one employee who is in supervisory cadre ,earlier there was deduction for labour welfare fund and from last year the deduction stopped.
kindly clarify me, as he is not getting some advantage he come asking me about this.
waiting for your answers,
From India, Nagpur
Dear Sir, I am in Maharashtra,for this also the deduction is for worker only. kindly suggest
From India, Nagpur
From India, Nagpur
Dear All,
The defination of employee is different than what the officials of LWF interpret. All employees whether in workers cadre or in managment cadre is liable for the deduction. As per the Act, supervisory category means the head of the department who supervises the employees under him.
I have attended a hearing at Mumbai for my previous company. The officer who attended informed me that his son is working in a software company and getting a salary of Rs. 38000/-. He is also liable for deduction for LWF fund as he is not supervising anyone and is working independently.
Hence, to conclude only department heads are exempted rest all irrespective of their salary and designation have to contribute.
Companies who have doubt can get clarification from their respective local LWF office.
Regards.
Clement
From India, Pune
The defination of employee is different than what the officials of LWF interpret. All employees whether in workers cadre or in managment cadre is liable for the deduction. As per the Act, supervisory category means the head of the department who supervises the employees under him.
I have attended a hearing at Mumbai for my previous company. The officer who attended informed me that his son is working in a software company and getting a salary of Rs. 38000/-. He is also liable for deduction for LWF fund as he is not supervising anyone and is working independently.
Hence, to conclude only department heads are exempted rest all irrespective of their salary and designation have to contribute.
Companies who have doubt can get clarification from their respective local LWF office.
Regards.
Clement
From India, Pune
Dear
As per tamil nadu labour welfare fund act every establishment should
contribute RS.21/per head, irrespective of salary scale or cadre, after
all the per head contribution is very minimum, why you take risk at all,
more over any befits available for the same through the labour welfare
fund contribution, you can avail the same
Goodluck
Regards
K R Ramaswamy
From India, Madras
As per tamil nadu labour welfare fund act every establishment should
contribute RS.21/per head, irrespective of salary scale or cadre, after
all the per head contribution is very minimum, why you take risk at all,
more over any befits available for the same through the labour welfare
fund contribution, you can avail the same
Goodluck
Regards
K R Ramaswamy
From India, Madras
As far as I understand, No deduction from the salary is required to be made for any contribution to the LWF. On the unpaid dues (wages, bonus, gratuity, fine etc.) are to be paid into the fund after the expiry of 3 years fro the date on which these were drawn.
THE PUNJAB LABOUR WELFARE FUND ACT, 1965 provides the following
Statement of Objects and Reasons. –
Large sums of money realised by employers of establishments from their employees as fines, unpaid wages, bonus or gratuity which are not claimed by the latter remain accumulated with the employers and are not properly utilised by them in the best interests of labour. This bill seeks to provide for the constitution of the Labour Welfare Fund to carry on various activities conducive to the Welfare of labour through the agency of this Fund into which all such accumulations are required to be paid) (Punjab Government Gazette Extraordinary, dated the 3rd. March, 1965).
Section 3 defined the LWF and this is further reflected in Section 9 o the Act abid.
Section 3. Welfare Fund. – (1) The State Government shall constitute a Fund called the Labour
Welfare Fund and, notwithstanding anything contained in any other law for the time
being in force or in any contract or instrument, all unpaid accumulations shall be paid to
the Board which shall keep a separate account therefore until claims thereto have been
decided in the manner provided in section 9, and the other sums specified in sub-section
(2) shall be paid into the Fund.
(2) The Fund shall consist of –
(a) all fines realised from the employees;
(b) unpaid accumulations transferred to the Fund under Section 9;
(c) grant and subsidies to the Board made by the State Government;
(d) all voluntary donations;
(e) any fund transferred under sub-section (5) of section 10; and
(f) any sum borrowed under section 11.
(3) The sums specified in sub-section (2) shall be colleted by such agencies and in such
manner and the accounts of the Fund shall be maintained and audited in such manner as
may be prescribed.
Section 9. Unpaid accumulations and claims thereto. – (1) All unpaid accumulations shall be
deemed to be abandoned property.
(2) Any unpaid accumulations paid to the Board in accordance with the provisions of
section 3 shall, on such payment, discharge an employee of the liability to make payment
to an employee in respect thereof but to the extent only of the amount paid to the Board,
and the liability to make payment to the employee to the extent aforesaid shall subject to
the succeeding provisions of this section, be deemed to be transferred to the Board.
(3) As soon as possible after the payment of any unpaid accumulations is made to the
Board, the Board shall, by notice (containing such particulars as may be prescribed) –
(a) exhibited on the notice board of the establishment in which the unpaid
accumulations was earned;
(b) published in the Official Gazette and also in any two newspapers in both the
regional languages of the State having large circulation in the area in which the
establishment is situated or in such other manner as may be prescribed, regard
being had to the amount of the claim: invite claims by employees for any payment
due to them. The notice shall be inserted in the manner aforesaid in June and
December of every year, for a period of three years from the date of payment of
the unpaid accumulations to the Board.
(4) If any question arises whether the notice referred to in sub-section (3) was given as
required by that sub-section a certificate of the Board that it was so given, shall be
conclusive.
(5) If a claim is received, whether in answer to the notice or otherwise within a period of
four years from the date of first publication of the notice in respect of such claim, --
(a) where the amount of claim so received is equal to the amount deposited by the4
management with the Board, the amount of the claim shall be paid by the Board
to the employee concerned; and
(b) in any other case, the Board shall transfer such claim to the Authority appointed
under section 15 of the payment of Wages Act, 1936, having jurisdiction in the
area in which the establishment is or has been situated and the Authority shall
proceed to adjudicate upon and decide, such claim. In hearing such claim the
Authority shall have the powers conferred by, and follow the procedure (in so far
as it is applicable) followed in giving effect to the provisions of that Act.
(6) If the Authority aforesaid is satisfied that any such claim is valid so that the right to
receive payment is established, it shall decide that the unpaid accumulations in relation to
which the claim is made shall cease to be deemed to be abandoned property, and shall
order the Board to pay the whole of the dues claimed, or such part thereof as the
Authority decides are properly due, to the employee; and the Board shall make payment
accordingly:
Provided that the Board shall not be liable to pay any sum in excess of that paid under
sub-section (1) of section 3 to the Board as unpaid accumulations in respect of the claim.
(7) If a claim for payment is refused, the employee shall have a right of appeal to the
Court of District Judge and Board shall comply with any order made in appeal. An appeal
shall lie within sixty days of the decision of the Authority.
(8) The decision of the Authority, subject to the appeal aforesaid, and the decision in
appeal shall be final and conclusive as to the right to receive payment, the liability of the
Board to pay and also as to the amount, if any.
(9) If no claim is made within the time specified in sub-=section (5) or a claim has been
duly refused a aforesaid by the Authority or on appeal by the Court, then the unpaid
accumulations in respect of such claim shall accrue to, and vest in, the State as boan
vacantia, and shall thereafter, without further assurance, be deemed to be transferred to,
and form party of, the Fund.
From India, Chandigarh
THE PUNJAB LABOUR WELFARE FUND ACT, 1965 provides the following
Statement of Objects and Reasons. –
Large sums of money realised by employers of establishments from their employees as fines, unpaid wages, bonus or gratuity which are not claimed by the latter remain accumulated with the employers and are not properly utilised by them in the best interests of labour. This bill seeks to provide for the constitution of the Labour Welfare Fund to carry on various activities conducive to the Welfare of labour through the agency of this Fund into which all such accumulations are required to be paid) (Punjab Government Gazette Extraordinary, dated the 3rd. March, 1965).
Section 3 defined the LWF and this is further reflected in Section 9 o the Act abid.
Section 3. Welfare Fund. – (1) The State Government shall constitute a Fund called the Labour
Welfare Fund and, notwithstanding anything contained in any other law for the time
being in force or in any contract or instrument, all unpaid accumulations shall be paid to
the Board which shall keep a separate account therefore until claims thereto have been
decided in the manner provided in section 9, and the other sums specified in sub-section
(2) shall be paid into the Fund.
(2) The Fund shall consist of –
(a) all fines realised from the employees;
(b) unpaid accumulations transferred to the Fund under Section 9;
(c) grant and subsidies to the Board made by the State Government;
(d) all voluntary donations;
(e) any fund transferred under sub-section (5) of section 10; and
(f) any sum borrowed under section 11.
(3) The sums specified in sub-section (2) shall be colleted by such agencies and in such
manner and the accounts of the Fund shall be maintained and audited in such manner as
may be prescribed.
Section 9. Unpaid accumulations and claims thereto. – (1) All unpaid accumulations shall be
deemed to be abandoned property.
(2) Any unpaid accumulations paid to the Board in accordance with the provisions of
section 3 shall, on such payment, discharge an employee of the liability to make payment
to an employee in respect thereof but to the extent only of the amount paid to the Board,
and the liability to make payment to the employee to the extent aforesaid shall subject to
the succeeding provisions of this section, be deemed to be transferred to the Board.
(3) As soon as possible after the payment of any unpaid accumulations is made to the
Board, the Board shall, by notice (containing such particulars as may be prescribed) –
(a) exhibited on the notice board of the establishment in which the unpaid
accumulations was earned;
(b) published in the Official Gazette and also in any two newspapers in both the
regional languages of the State having large circulation in the area in which the
establishment is situated or in such other manner as may be prescribed, regard
being had to the amount of the claim: invite claims by employees for any payment
due to them. The notice shall be inserted in the manner aforesaid in June and
December of every year, for a period of three years from the date of payment of
the unpaid accumulations to the Board.
(4) If any question arises whether the notice referred to in sub-section (3) was given as
required by that sub-section a certificate of the Board that it was so given, shall be
conclusive.
(5) If a claim is received, whether in answer to the notice or otherwise within a period of
four years from the date of first publication of the notice in respect of such claim, --
(a) where the amount of claim so received is equal to the amount deposited by the4
management with the Board, the amount of the claim shall be paid by the Board
to the employee concerned; and
(b) in any other case, the Board shall transfer such claim to the Authority appointed
under section 15 of the payment of Wages Act, 1936, having jurisdiction in the
area in which the establishment is or has been situated and the Authority shall
proceed to adjudicate upon and decide, such claim. In hearing such claim the
Authority shall have the powers conferred by, and follow the procedure (in so far
as it is applicable) followed in giving effect to the provisions of that Act.
(6) If the Authority aforesaid is satisfied that any such claim is valid so that the right to
receive payment is established, it shall decide that the unpaid accumulations in relation to
which the claim is made shall cease to be deemed to be abandoned property, and shall
order the Board to pay the whole of the dues claimed, or such part thereof as the
Authority decides are properly due, to the employee; and the Board shall make payment
accordingly:
Provided that the Board shall not be liable to pay any sum in excess of that paid under
sub-section (1) of section 3 to the Board as unpaid accumulations in respect of the claim.
(7) If a claim for payment is refused, the employee shall have a right of appeal to the
Court of District Judge and Board shall comply with any order made in appeal. An appeal
shall lie within sixty days of the decision of the Authority.
(8) The decision of the Authority, subject to the appeal aforesaid, and the decision in
appeal shall be final and conclusive as to the right to receive payment, the liability of the
Board to pay and also as to the amount, if any.
(9) If no claim is made within the time specified in sub-=section (5) or a claim has been
duly refused a aforesaid by the Authority or on appeal by the Court, then the unpaid
accumulations in respect of such claim shall accrue to, and vest in, the State as boan
vacantia, and shall thereafter, without further assurance, be deemed to be transferred to,
and form party of, the Fund.
From India, Chandigarh
Subject - Re: Labour welfare fund
Dear All,
For state of Maharashtra you have to deduct MLWF contribution from all employees except those working in the managerial or supervisory capacity & drawing wages exceeding Rs. 3500/- only per month. Rs. 12/- as employee's contribution & Rs. 36/- as employer's contribution from the salary of June & December.
Nitin Parab
AIM Consultancy Services
Shop No. B - 19, Karma Vihar Eagle CHS, Station Road,
Ghatkopar (E), Mumbai - 400 075.
Tel. No. - 022 2501 0141.
cell: +91 09820436383
From India, Mumbai
Dear All,
For state of Maharashtra you have to deduct MLWF contribution from all employees except those working in the managerial or supervisory capacity & drawing wages exceeding Rs. 3500/- only per month. Rs. 12/- as employee's contribution & Rs. 36/- as employer's contribution from the salary of June & December.
Nitin Parab
AIM Consultancy Services
Shop No. B - 19, Karma Vihar Eagle CHS, Station Road,
Ghatkopar (E), Mumbai - 400 075.
Tel. No. - 022 2501 0141.
cell: +91 09820436383
From India, Mumbai
R/Seniors, Plz send me the limit of wages for welfare fund deduction & applicability in Haryana state.
From India, Chandigarh
From India, Chandigarh
Dear Member,
In Haryana state we do not find any wage limit for deduction of LWC. Punjab Labour Welfare Fund Act, 1965 applies to every establishment as defined u/s 2(4) of this Act.
R.N.KHOLA
(M)09810405361
www.skylarkassociates.com/
From India, Delhi
In Haryana state we do not find any wage limit for deduction of LWC. Punjab Labour Welfare Fund Act, 1965 applies to every establishment as defined u/s 2(4) of this Act.
R.N.KHOLA
(M)09810405361
www.skylarkassociates.com/
From India, Delhi
R/Seniors,
myself Jogendra Singh working in automobile company. Now a days i am facing problem in esi. My ERP deducte 122.18 =123. But esi website not deduct like that. It round off after .50 So there approx. 200 Rupees diffrence. My account deptt. not accept this they says what ever you deducted from employees you have to deposite. Now i wanna change esi deduction head master in ERP. But my boss demanding govt notification rule in written. So please send me round off govt notification regarding the same.
Jogendra Singh Rajput
Sr.HR Executive
Elofic Industries Limited Faridabad
Ph. 8527339192
From India, Chandigarh
myself Jogendra Singh working in automobile company. Now a days i am facing problem in esi. My ERP deducte 122.18 =123. But esi website not deduct like that. It round off after .50 So there approx. 200 Rupees diffrence. My account deptt. not accept this they says what ever you deducted from employees you have to deposite. Now i wanna change esi deduction head master in ERP. But my boss demanding govt notification rule in written. So please send me round off govt notification regarding the same.
Jogendra Singh Rajput
Sr.HR Executive
Elofic Industries Limited Faridabad
Ph. 8527339192
From India, Chandigarh
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TN Labour Welfare Fund 2018.pdf