MOHANSHARMA Started The Discussion:
Dear friends

I am new to this forum and seeking your advise for the first time: it is very urgent and I have to give feedback to my management immediately

OUR COMPANY IS PAYING PF CONTIBUTION ON GROSS PAY INSTEAD OF BASIC+DA+ VDA SINCE LONG TIME.

NOW THE PROBLEM IS WITH PF CONTRIBUTION ON LEAVE ENCASHMENT.

OUR ACCOUNTS SAY WE SHOULD ONLY CALCULATE ON BASIC AND DA ON THE LEAVE ENCASHMENT AND PAY PF CONTRIBUTION OF 12%

BUT MY HR COLLEAGUE SAYS WE SHOULD CALCULATE 12% ON THE ENTIRE AMOUNT OF LEAVE ENCASHMENT

CAN ANY OF THE EXPERT IN LAW EDUCATE ME ON THE FOLLOWING

WHAT DOES PF COMMISSIONARATE MEAN ABOUT: PF CONTRIBUTION ON LEAVE ENCASHMENT.


very urgent reply is solicited. calculation procedure is also apreciated

-MOHAN SHARMA :?:
Posted 5th July 2006 From ,
Dear Mohan Sharma,

Welcome to the forum..


Just check on this as far I know that PF is applicable on basic & DA and not VDA. However check and revert.
Your accounts deptt is correct and please do a search on the site ( which is on the top left one would get the notification on this.


Cheers,

Rajat
Posted 5th July 2006 From India, Pune
hrg 
hi
PF contribution on Leave encashment is payable only on Basic and Da
as being done on salary as per act.
Considering gross for PF deductions is a vouluntary act.Similar is the leave encashmnent status.
hrh-rajaram
Posted 6th July 2006 From United States
Hi.

PF contribution is given on Basic and D.A., but in case the D.A. is not included in the salary strucyture it is calculated on the basic only.

Kindly read about the PF laws to know more on the PF contribution your company is calculating on the gross salary, I dont think that is right.

Archna
Posted 6th July 2006 From India, Delhi
PF is calculated on Basic i.e 12% and with the latest amendemnts PF also should be paid for Leave Encashment. IF there is a DA concept PF is calculated on BASIC+DA

Hope this clairifies ur doubt

Mahesh
Posted 8th July 2006 From India, Hyderabad
PF is calculated on Basic ie. 12 % is salary str doesnt contain DA but is it contains DA then PF is calculated on PF + DA. L

Leave encashment is subject to PF deduction ie 12 % of basic or basic + DA depending upon the salary str.

Deepa
Posted 8th July 2006 From India, Gurgaon
Hi, what your accounts dept said is right..Pf deduction is from 12% of BAsic +DA(Employer & employee contribution) but for ESI 4.75 & 1.75% respectively the deducton is calculated from the gross.
Posted 10th July 2006 From India, Madras
HI,
As per p.f. Act contribution is subjected to wages of the employee's

as per the definition wages means (Basic + DA + Food Concession)

If we calculate the pf contribution on leave encashment. Kindly let me know on which head in payroll we have to put the amount of leave encashment.

1. Should we distribute that amount in Basic + DA + Food Concession?
2. Should we put that amount as Arrear?
3. Should we put that amount on a new head "leave encashment"?

If we follow 1. The amount of earning, increase in that particular month, what should our clarification of this increase

If we follow 2. What should our clarification of this arrear.
If we follow 3. Keeping in view the definition of wages as per pf department (Basic + DA + Food Concession) can we deduct p.f. on this head

Kindly clear my confusion

Regards
R.C.Joshi

Posted 12th June 2008
Dear Friends,

Previously PF calculated only on Basic+ DA & on Leave encashment but as per latest amendments on 12.03.2008 There will be no deduction of PF on Leave encashment. Please find attached Supreme Court Judgement copy for your reference.
Posted 12th June 2008 From India, Delhi
Attached Files
Shared By Cite.Community Member "Amit Pawar" For Public Download
File Type: doc SC -PF judgment on No PF on Leave encashment.doc (52.5 KB, 1510 views)
Point 1

You are paying PF contribution pn Gross. You will continue to the same.

Point 2

Let me assume that your are not in Tamilnadu where High Court Judgement is clear about PF contribution on KLeave encashemnt.

Are you paying Gross for Leave encahement or aqre you paying only Basis plus DA plus VDA

If you are paying Gross as leave encashement and if your practice is is to contribute PF on gross, then you need to pay on gross.

If you are paying only Basic plus DA plus VDA for leave encashment, then you need to contribute only on these three elements.

Siva
Posted 12th June 2008 From India, Chennai
Hi,

Pf Can B Deducted For Leave Enchashment. But As Per The Judgment Give By The Court Pf Need Not Be Deducted For Leave Enchashment.

Hence In Our Company V Hav Stopped Deducting Pf Amt Towards Leave Enchashment
Posted 13th June 2008 From India, Bangalore
As far as i know PF is not to be deducted from Leave Encashment as per the new rules of SC pls find the attached copy of it.
Posted 13th June 2008 From India, Mumbai
Attached Files
Shared By Cite.Community Member "chitra.sharma" For Public Download
File Type: doc PF Case Law - Leave Encashment.doc (53.0 KB, 275 views)
Hello All, Please see the latest amendment on PF contribution in Leave Encashment. hope it will answer your query...
Posted 13th June 2008 From India, Pune
Attached Files
Shared By Cite.Community Member "payal talmale" For Public Download
File Type: pdf PF Contribution ON Leave Encashment.pdf (230.0 KB, 322 views)
Dear All,

In a notification by the EPFO in May 2008 (on a judgement by the Hon'ble Supreme Court dt.12.03.2008) (a) has decided to discontinue PF deduction on Leave Encashment.and (b) where PF contribution of the employees' share has been received in the offices of the EPFO, the same shall be adjusted against future liabilities.

Hope this clarifies the status regarding PF deduction of LEAVE ENCASHMENT.

Best Wishes & Regards
Debashis
Posted 13th June 2008 From India, Lucknow
Dear Debashis,

As of now we have come accross with the SC judgement only. But you are noting here that, the respective notification has been issued by PF department in May, 2008. I request you to please scan and attach the same (if available) to this thread for the knowledge and reference of all our professional friends.

Thanks & best regards,
Datta.
Posted 16th June 2008 From India, Mumbai
Hello,

every on who had subscribed this thred

I have circular from the Ministry of Labour Govt. of India with Provident Fund Head office Delhi of dated 05th may 2008 stating that with immediate effect it is not necessary to deduct Pf contribution on leave encashment amount.

find herewith the circular

and feel free from the headache for the deduction of Pf contribution on leave encashment and from various views

Regards,

Sanjay
Posted 17th June 2008 From India, Pune
Attached Images
Shared By Cite.Community Member "mulay.sanjay1" For Public Download
File Type: jpg PF%20clarification%20on%20leave%20encashment%20copy.jpg (87.5 KB, 145 views)
Dear Sanjay, Thank you very much for sending & sharing the respective circular on the site. Regards, Datta.
Posted 18th June 2008 From India, Mumbai
Dear Mr. Sharma, PF should not be deducted on Leave Encashment. Pls. refer attahced judgment Regards, Avinash Verma 9925155711
Posted 8th September 2010 From India, Vapi
Attached Images
Shared By Cite.Community Member "aviverma4u" For Public Download
File Type: jpg PF ON LEAVE SALARY.jpg (75.5 KB, 116 views)
How to claim accident leave salary? how many days of joining period in esi. my joining period is oct 2015 to date.
Posted 5th July 2016 From India, Mumbai
Dear All If some one require loan to build house from EPF and has only 4.6 years of service . can it be possible. Early response in this regard is appreciated Rgds P.singh
Posted 16th July 2016 From India, Delhi



 
 
 
 







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