jac Profile, ao Ahmedabad

jac

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Member Since : 17 December 2011 (Ahmedabad )

As per Judgement of SUPREME COURT OF INDIA in SLP ( CIVIL) No. 8658-8659 OF 2019 in Employees Provident Fund & Miscellaneous Provision Act-1952.

The following clarification should get regarding 12 % Employer Contribution

(1)(1) Employee having UAN No (Already EPF member) :- Quit job and join new company with Salary/D.A. of Rs. 20000 pm in that case can The employer contribute 12% on 20000 actual salary (8.33% on 20000 in EPS & 3.67% on 20000 in EPF) ?

(2)(2) Employee having UAN No (Already EPF member):- Quit job and Join new company with

Salary/D.A. of Rs. 20000 pm in that case can The employer contribute 12% on 15000 Salary limit as per EPFO Notification (8.33% on 15000 salary limit in EPS & 3.67% on 15000 in EPF) ?

(3)(3) Employee having UAN No (Already EPF member):- Quit job and Join new company with

Salary/D.A. of Rs. 20000 pm in that case can The employer contribute 12% on 20000 actual Salary (8.33% on 15000 salary limit in EPS & Remaining Amount of rs 1150 in EPF (rs 2400(12% on 20000)-rs 1250 EPS(8.33% on rs.15000 limit)) ?

(a) Which one of above (1) to (3) is mandatory ?

(b) Which one or more discretionary/dependent on company’s policy ?