I'm a foreigner working in India. My contract states that my employer pays X amount as gross salary plus up to 10% of gross (12% of basic salary) contribution of Employer to PF. Now because of the new rule of PF for foreigners, my employer wants to change the structure. Now the 12% has to be calculated based on total monthly pay and not just basic. According to the new structure, they want to keep the CTC as the same (X+10% of X) and use the new rule for the PF which means that my gross salary will be now less than X. I argue that the gross should remain the same before or after the law and that the CTC will now increase because the PF contribution of the employer has to increase with the new rule.
Please let me know who is right in this case? 22nd December 2016 From India, Hyderabad