I believe what is conveyed is that PF is deductable on the basic of the notice pay payable to an employee while they exit from the organisation.
I have another question to this -
In case, if we are claiming notice pay from a leaver in lieu of not serving the required notice period, and the notice pay is equivalent to one months gross salary and not simply Basic + DA, under such circumstances, the gross salary exluding the PF amount would be claimed from the leaver?
Looking forward for your thoughts.
Any income through your salary, the employer will deduct PF. So as in this case as well.
Secondly Any notice pay in either side is purely decided then & there in the Letter of appointment. Again if notice pay has to be there, then pf must be deducted or recovered on it. In this case for the next notice period you can show the employee as on roll in pf challan as you have given a written clause in his appointment letter to pay him in case he leaves.
Thanks for your response however it was not clear.
The employee would not make an income if the notice pay is claimed by the employer from the employee. Hence, I believe, the employer should claim gross salary excluding PF (if PF is part of the gross salary) while claiming the notice pay.
Please dont be confused. If its there in your appointment letter that the notice period has to be recovered from an employee if he desires to leave without serving notice period,then the Fixed components of the gross monthly salary has to be recovered from the employee including pf and the PF amount will be submitted to the PF department and vice versa.
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