My attention has been drawn to the Bridge & Roof, Calcutta, case (cited in 1963 AIR 1474 and 1963 SCR (3)978) where the Supreme Court held that production bonus is covered by the unqualified word "bonus" mentioned as an exclusion in Sec. 2 b ii of the Act and therefore PF is not deductible on production incentive and production bonus.
Do you disagree with this stand?
THE SALARY U R PAYING IS SOLID AMOUNT
WHICH IS ABOVE MINIMUM WAGE..BUT IT SHOULD
NOT MERELY ABOVE M.W. MINIMUM WAGE
CONCEPT IS AT LEAST SALARY..I MEAN IT IS A
LIVING WAGE..SO TRY TO.PROVIDE UR EMPLOYEES
LIKE THIS...SALARY CONSISTING OF...BASIC
PAY+V.D.A...( VARIABLE DEARNESS ALLOWANCE
RAISED TIME TO TIME FOR EVERY SIX MONTHS ..
G.O.ISSUED BY CONCERNED STATE GOVTS .)
NOW COME TO INCENTIVES ADDING TO SALARY IS NOT COMPULSORY.
NO WAY CONCERNED TO P.F.DEPT.OR ITS NOTICE. INCENTIVES ARE NOT REGULAR PAY...THAT TOO VARIES MONTH BY MONTH TO THE WORKER BASING ON THE PERFORMANCE OF THE WORKER.
SO NONE OF THE BUSINESS OF THE P.F.DEPT.
INCENTIVE AMOUNTS ARE NOT PERMANENT PAYMENTS OF EMPLOYEES..LIKE H.R.A.
SO THE ACT OF P.F.DEPT...IS OVERENTHUSIASTIC..
PROTEST IT VTH REPLY YOU WILL APPROACH HIGHER AUTHORITIES OF P.F.DEPT.SAYING THAT U R ..NEGATIVE TO ADD INCENTIVE TO THE SALARY AS PER THE DEMAND OF YOUR WORKERS. GO AHEAD.
USUALLY NOTICES ARE ISSUED BY CLERKS OF THE DEPT.EVEN WITHOUT KNOWELEDGE OF THE INSPECTING STAFF.
SO GO AHEAD..
The subject is not straight forward. There are several guideline through official circulars of EPFO how to deal with the subject. I am referring three circulars - (1) 7(1) 2012/RCs Review Meeting/345 dated 30.11.2012 point no(12) and the subsequent circular (2) ref. no 7(1) 2012/RCs Review Meeting/21224 dated 18.12.2012 instructing to keep abeyance of the 1st circular. Circular ref (3) C-III / 110001 / 4/ 3 (72) 14 / Circular / Hqrs./6693 dated 06.08.2014 - some indirect guideline to deal with the situation.
All above circulars are available at the archive of EPFO. I have no idea whether any further circular has been published or not. If we read all three above circulars of EPFO, it will at least guide us how to deal with the subject.
Thanks & regards,
S K Bandyopadhyay
USD HR Solutions
+91 98310 81531