Sr. Manager Hr/admin
Head - Outsourcing
Retired H R Professional
Sr Officer Human Services
in probation period mostly stipend is paid in place of salary
14th January 2017
N Nataraajhan, Sakthi Infogy Solutions Pvt Ltd (email@example.com)
15th January 2017 From India, Bangalore
The reason for not deducting & remitting EPF/ESI may be
1) Due to lack of awareness/knowledge of the HR/Management or any responsible people
2) Management/HR may think as the employee may leave in couple of months so why unnecessarily need to contribute
3) Many HR professional/respective people still think as its additional burden/work load to deduct & remit to the respective department
4) There are many management people as its additional cost to the organisation
16th January 2017 From India, Bangalore
only exemption is for those who are out of ceiling means baisc + da is more than 15000rs.
And now from January the Esic ceiling will be 21000rs but esic is applicable in gross salary.
for more details contact me for EPF and Esic consultation.9752620200
for social help to spread awareness.
16th January 2017 From India, Raipur
You are misguided about PF act and also applicability of laws to probationers. What you have said that during probation period no statutory deduction viz. PF, ESI, PT, LWF should start. Please remember that many persons visiting the citehr are trying to learn about labour laws and you are providing wrong information to them.
17th January 2017 From India, Mumbai
Read my reply once again, if wages or salary is paid then ESI /PF question arise, not on stipend, ............and yes check your payslip very carefully, if the word "salary" or "wages" appear in payment , then obviously it would be covered under ESIC / EPF, even for a single day paid salary or wages is subject to ESIC/EPF contribution.
if its marked "remuneration, or stipend" is marked in place of salary, then it does not get applicable,
17th January 2017
Salary paid to apprentices under apprenticeship act is stipend that does not attract PF. Salary paid to probationer can't be stipend so as not to affect PF deduction on it. Otherwise every unscrupulous employer would have paid stipend to probationer and would have escaped PF deductions during probation period; would have extended probation period. Just by naming salary paid to probationers as stipend, one can't escape from provions of PF act otherwise most of organisations would have done it.
I treat this post as closed from my side.
18th January 2017 From India, Mumbai
just visiting somewhere and getting some money in lieu of that does not classify as employer employee relation, if they have probation letter, and in letter the word "SALARY" or :"WAGES" is mentioned, then all acts come in force,
There are so many escape points in act, please try to understand.
18th January 2017
Then what clasifies employer-employee relation?
Employee visits "somewhere" and still employer pays her / him?
"Getting some money (from employer) in lieu of that does not classify as employer employee relation"? Then what clasifies employer employee relation?
18th January 2017 From India, Mumbai
viz the doctors visit the nursing homes and get paid, aaya ( midwife) attend the hospital and get paid by the guardians of patients,
professors get paid as honorarium for their special classes,
auditor and their staff visits the establishment, on regular intervals and get paid for it .......
there are several type of persons who visit regular and get some payment, like priest, cleaner, pest control service provider,
delivery van driver and helpers visits the establishment more punctual than regular employees
so these are employees for their respective establishments?
18th January 2017
yes, i am also standing on the very point , the original post did not mentioned that ...........probation was on which term ........ and it was hidden that during probation what type of remuneration will be paid and what statuary deductions will be applicable
also it is hidden that whether the person joining is getting payout over 15k or not ........ so that mandatory or optional clause can be enforced.
just imagine for a probation letter where these terms are missing, and would be grateful if you can share a format of any probation letter .......with these facts hiding, a probation letter mention everything clear that he will get "stipend" or "remuneration",
if some establishment has mentioned it salary or wages, then step forward to labor commissioner, it would get applicable.
the original post maker made a fun, and he converted himself to anonymous now, and we are fighting on no issue .
19th January 2017
SSC CGL 2017 Notification, Online Application, Eligibility Criteria
19th January 2017 From India, Nagercoil
#AnonymousDear US Sharma & Shrikant Sir,
First of all I regret for not sharing proper details. And I believe whatever discussion happened on this post by all of you is proving us knowledge on all aspects and we are learning by it. So please dont consider as if you both are arguing. What ever you both have shared is a knowledge for we readers.
Further as per your query on my offer letter is is mentioned "Salary" with bifurcations Basic, HRA, DA, Conveyance, Medical Allowances, Special allowances and my salary is above PF slab.
But PF part both sides is not mentioned on offer letter and verbally told to me that it will start after completing probation period.
Thats what I was wondering why so. PF should start from very first day in case of permanent employee.
Why a condition it will start after probation?
Lets say after confirmation they will start but should it be from first day or from the date of confirmation/
In that case can I raise voice against it?
What are my rights as an employee in that case?
20th January 2017 From India, Mumbai
salary limit is above the ceiling limit
at the time of interview and signing the offer letter the employee did not bothered to "raise voice" but accepted it with smile, and i m very much sure that in his /her CV and rejoinders, there is no mention of earlier PF details
there is certain amount added in your salary compartment, as "special allowance", have you even bothered to think about it ? why this is added ? and why this is equivalent or at par slimier to PF amount?
request you all, not to make this platform as complaint box or place to vomit personal grudge expression, let it be useful to share knowledge and benefit of both employee and employer.
20th January 2017
Salary under PF act means only basic & DA. Now there have been judgements about inclusion of all allowances for PF purpose. But let's not get into all that. If your basic is Rs. 15000 or less per month, employer has to deduct PF from your salary from your first pay. If it is more, it is employer's wish whether to cover you or not.
24th January 2017 From India, Mumbai