my question is whether P.F. deduction is liability under Provident fund act or any other act on the part of company if employee's basic salary exceeds maximum ceiling limit of Rs. 6500 & employee does not want to make provident fund deduct from his salary.
13 September 2011
(i) Employer's liability to deduct employee's contribution arises before paying wages to employees (and not as and when wages are earned by employees) in respect of any period or part of period. Thus the employees' contribution comes in the hands of the employer during the wage disbursal month and not during the wage period (which may be a calender month or any other period and not necessarily a period equal to one month.)
Under the EPF and ESIC Acts, the Principle Employer is liable for the compliance of the Immediate Employer /Contractor. It is good that the contractors are complying with the provisions of EPF and ESIC Acts under the respective Codes. But what is important is the proof of regular compliance by these contractors.
The Supreme Court has stated in Andhra University v. R.P.F.C. 1985 (51) FLR 605 (SC) that in construing the provisions of the Employees Provident Funds and Miscellaneous Provisions Act 1952, it has to be borne in mind that it is a beneficent piece of social welfare legislation aimed at promoting and securing the well-being of the employees and the court will not adopt a narrow interpretation which will have the effect of defeating the very object and purpose the Act. The preamble to the Act also states that this is an Act to provide for the institution of: (i) Provident Funds (ii) Pension Fund and (iii) Deposit Linked Insurance Fund for employees in factories and other establishments. It is with this background that one must interpret the various provisions of the Act and the Scheme related to it. Applicability The Employees Provident Funds and Miscellaneous Provisions Act 1952 applies to the whole of India except the State of Jammu and Kashmir (Section 2). This Act applies (Section 3) to:
• Contractor’s Employees: It has been held by the court in Enfield India v RPFC 2000 (85) FLR 519 (Mad) a person doing work of the principal employer, even though employed by a contractor is also an employee covered by the definition. • “Excluded Employee” has been defined in para 2(f) to mean an employee: (i) who having been a member of the fund, withdrew the full amount of his accumulations on retirement or emigration or (ii) whose pay at the time he is otherwise entitled to become a member of the fund exceeds Rs. 6,500.00 p.m.
n India, for a company employing 20 or more employees on salary, the PF deduction is mandatory for a person whose salary is equal to or more than 6500. The amt. deducted is fixed to 12% out from Basic Salary deducted both from the employee and the employer share.
Any company violating this rule may be in trouble.
s per PF Act 1952, ceiling limit is6500/M i.e. (Basic+DA) of an employee.
If the employee’s emoluments exceed6,500/- per month, he has the option to join the Scheme(s) with the consent of employer.
If Employee is already member of PF Scheme.
Emoluments :- 1. Up to 6500/M (Basic +DA) -Mandatory @ 12% of Basic +DA. 2. 6501/- & above (Basic +DA) A.Mandatory @12% up to 6500/M. B.Above 6500/M it’s up the organization & its policy.
If Employee is not member of PF Scheme or New Entrant.
Emoluments :- 1. Up to 6500/M (Basic +DA) -Mandatory @ 12% of Basic +DA. 2. 6501/- & above (Basic +DA) - It’s not Mandatory, but generally in the interest of employees organizations cover their employees under the scheme.
SO, MUTUAL CONSENT OF EMPLOYER-EMPLOYEE IS NECESSARY IN THAT CASE. NO OBJECTION, IF THE EMPLOYEE WITH SALARY OF MORE THAN THE LIMIT OF 6500 DOES NOT WANT TO BECOME MEMBER OF THE SCHEME.