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E.S.I. ON OVERTIME
Whether E.5.1. Contributions are payable on overtime?
There has been differences of opinion of various High Courts on this point. Finally the Supreme Court has held that overtime wages will be liable for deductions for ESI's contributions. The employer is obligated to pay wages when the employee does work beyond his duty hours. This will be, in addition to payment of the wages an employee receives for normal work. In other words, both the remuneration received during the working hours and overtime constitute a composite wages and thereby it is a ‘wage' within the meaning of section 2(22) of the Act. Whatever remuneration, paid or payable for overtime work, forms wages under an implied term of the contract of employment and the remuneration paid therefore forms part of the 'wages' under section 2(22) of the Act. The Supreme Court considered elaborately and held that the Act is welfare legislation and the definition of wages is designedly wide.
Indian Drugs & Pharmaceuticals Ltd. etc. vs. Employees' State Insur· .nce Corporation, 1997 LLR 1 (Supreme Court).
Over time is not wage under PF act (PF wage = Basic + DA only)
All the best
From India, Vijayawada
vishal_setia24Dear Raghunath Thanks for the clarification but 1. what about the Overtime allounces is it the part of wages under PF. 2. what is under section 7A of PF act regards Vishal Setia
From India, Faridabad
A employee in my company just pass the 58 years of age, but still he is working in my company till 60 years.
now pls tell me in that condition how I fill PF Challen,because after 58 years we can't submit amount in pension fund.
From India, Aligarh
aks@Dear friends , P.F Deduction on Basic Salary & ESI on Total Gross salary . Regards, Akhilesh Shukla Officer (P&A)
nazir-pashaHi Friends! Happay Days to all!!!
sanjay-prajapati1Dear sir plz tell from which date ESIC is applicable on overtime. Plz confirm the date....
From India, Raipur
Glidor@Sanjay-Prajapati ESIC is always payable on GROSS wagews, including everything which is payable under payroll intervals or monthly basis