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Dear friends,

I am a practicing labor consultant for the past year. In one of my client's offices, the basic + DA wages of all employees exceed Rs. 6500, and all of them are covered under PF. However, when calculating the PF contribution, we are capping the basic + DA at Rs. 6500, resulting in a contribution of Rs. 780. For instance, if an employee's basic + DA is Rs. 15,000, the PF is computed based on Rs. 6500 (contributing Rs. 780) instead of Rs. 15000.

Please advise if this practice violates any laws.

Thank you for your attention.

With regards,

From India, Mysore
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There is a procedure where a co. can avail PF i.e is 12% on Basic + DA subject to 780(which is minimum pf contribution), or whichever is lower.
From India, Mumbai
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Though the employee's wages exceed Rs. 6500/- (in your case it is Rs. 15000/- per month), the contribution can be restricted to Rs. 6500/- per month, which amounts to Rs. 780/- per month for each employer's and employee's share.

B. Saikumar
HR & Labour Law Advisor
Mumbai

From India, Mumbai
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The employer has the option to restrict the payment to only Rs. 780 (taking 12% of Rs. 6,500). However, the employee has a voluntary contribution option to contribute even 100% of the share. Most companies don't do this due to uniformity and calculation errors. If more employees are willing to make voluntary contributions to the employee share, the company has to take steps to accommodate these requests.

There was a proposal to increase the PF limit from Rs. 6,500 to Rs. 10,000 in 2009, but it is still pending. ESI has increased its slab periodically, but in PF, after 2001, there has been no amendment to increase the wage ceiling slab from Rs. 6,500.

From India, Mumbai
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Thank you all for your reply. Please let me know is there any notification or circular or any section which permit us to calculate the contribution under this mathod. thanks
From India, Mysore
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