surasureshbabu
1

My Employer is telling My CTC amount is inclusive of Employer's contribution of Gratuity and PF. So, They are deducting Both Employer & Employee contribution towards PF & Gratutity in my salay.Please guide weather employer can deduct Employer contribution of PF from Employee salary.

From India, Mumbai
Madhu.T.K
4193

Employer is not in a position to deduct his own share of EPF contribution from the salary of employee. Similarly, gratuity being the responsibility of employer alone, he is not suppose to recover it from employee.
Under CTC terms, all costs that the employer incur due to your employment are taken as salary. But it will not have any legal validity. Therefore, in the pay slips no share of employer like ESI, PF, Gratuity, should be shown.
Regards,
Madhu.T.K

From India, Kannur
surasureshbabu
1

Dear Sir,
As you said"Employer is not in a position to deduct his own share of EPF contribution from the salary of employee. Similarly, gratuity being the responsibility of employer alone, he is not suppose to recover it from employee", But my employer is deducting Both EPF & Gratuity in my salary from last two years.
If i go legaly can i get back the deducted amount.If yes please guide me the legal process.We are almost 20000 employees are facing same problem.
Find the attachments of Offer letter & Payslip.
Please note:Dont disclose this letters & Company name.

From India, Mumbai
Attached Files (Download Requires Membership)
File Type: pdf Reliance Offer letter.pdf (526.3 KB, 2688 views)
File Type: pdf Payslip-Reliance-Aug2009.pdf (42.7 KB, 1159 views)

Madhu.T.K
4193

In your offer letter the company has not offered any salary but has only mentioned that by appointing you, the company would cost .... amount annually. The wording is not salary. Before accepting such an offer you should have asked and confirmed what would be your monthly "salary". Similarly, in the pay slip also, the employer's contribution towards PF and monthly gratuity are not given. As such there is no illegality to fight against the employer.
However, the practice of offering salary indirectly by showing CTC is required to be changed and for that an initiative is required. For that legal action may not find way in the absence of any wrong deduction such as deduction for gratuity and deduction for employer's share of EPF/ESI contributions. Yes, the only ground of argument is that you were not offered any salary in the appointment order.
Regards,
Madhu.T.K

From India, Kannur
chandan2ykpankaj
11

Dear Babu,
This was confidential document of the company and uploading over the net is not a ethical practice. Well .. CTC (cost to company) includes employer's contribution towards PF/ESI but not the Gratuity.
It is also questionable that how the company offer gratuity in monthly breakup and include in CTC (which is not correct) and from where they make the head Executive Allowance in Salary Slip even it is not offer to the employee in offer letter?
It seems that company is hiding something.
Regards,
Pankaj Chandan

From India, New delhi
charvaka
4

Dear All, Employer doen’t have rights to deduct EPF & Gratuity & ESI IN EMPLOYEE CTC TOWARDS Employer’s contributions but it should be legal. Regards Charvaka Reddy
From India, Hyderabad
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