Dear Sir,
In my company one lady gone with maternity leave for three months. In that period, we have to pay salary or not? and in this period if paid salary, we have deduct the PF and ESI for same even she has leave?
Please send the reply to my mail id: adigask@rediffmail.com

From India, Bangalore
Dear Friends,

My Factory is covered under EPF& MP Act.I am citing following two cases and seek your suggestions as regards what action the the employer should take in such situations.

1.One of our executive ,who has recently joined in our organisation is drawing a basic salary of Rs.38,000/-p.m. He is insisting not to deduct PF contribution from his salary as his salary exceeds Rs.6500/-p.m.In our organisation ,which is covered under EPF & MP Act for the last 40 years all the employees,both the existing as well as the new joinees are extended the PF benefit irresespective of their salary limit and PF is deducted from the entire amount of basic salary.The newly joined executive has not declared in writing in the prescribed form that he was not a PF subcriber in his previous employer.

2.Another executive,who has recently joined in our organisation on a basic salary of Rs.30,000/- p.m. was a PF subscriber and PF was deducted from his salary upto Rs. 6500/- only under his previous employer and he has not so far withdrawn his PF amount from the EPFO.He is requesting to deduct PF contribution from his salary only up to the limit of Rs.6500/- instead of entire amount of his present salary.

Yours sincerely,

S.K.Hota

From India, Calcutta
Dear SK,
As per knowledge is concerned ,i reckon...
1.If any employee once covered under PF Act,he is under obligation to contribute towards PF, no matter how many organisation he changes or in other case ,if the employee make withdrawal the entire amount ,and later he is employed in the new organisation then he can be exempted from making contribution.
2.The employee is entitled to make contribution above the contr limit(in case of PF amt) but the emplyr will contribute only 780(EPF +pension)
COrrect me if my above answers are incorrect.
Regards
VB

From India, Pune
Hi vikkybhati07,
If it is like that then its a new learning for me.
Seniors, kindly put your comment on the same.
One more question I have about PF, now a days, as per the Social Security Agreement between India and few other countries. Could anyone throw little light on this. I had gone through the agreement papers and applied for the coverage certificate. Since, our company in Gurgaon, but, still I believe this will be done from PF Head OFfice (BhikaJi). And also need to know about the foreigner working in our establishment, they want to withdraw their PF after this, but, when I asked PF guys, they said, it is not possible now to withdraw, it can be done after 58years. Need clarification on this too.
Regards,
Kunal Kumar

From India, Mumbai
Dear V.B.,
Thank you for your prompt response.My personal view is same to that of yours in Case No.-1.But In Case-No-2,my employer is willing to deduct PF contribution from the entire salary of the new joinee(both employer & Employee shares),where as the new joinee insists for no PF deduction over the statutory limit of Rs.6500/-.In such case,what should be the legally permissible course of action on the part of employer.Whether to deduct PF contribution @12% (both employee & employer shares)from the entire salary or over Rs.6500/- only out of the full salary.
I seek advice from members of the community.I invite member-friendss ,who are/were working in EPFO to give their reasoned opinion on the matter.
Regards,
S.K.Hota

From India, Calcutta
Dear friends,
Some years back I have come across an article published in Labour Law Reporter on the payments which are to be deemed as wages for the purpose of deducting PF contribution.Can any body body enlighten me about the items of payments made to employees which are/are not to be deemed as wages for the purpose of deduction od PF contribution?
Sincerely Yours,
S.K.Hota

From India, Calcutta

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