Dear Experts.
I have a query.
1. Can an manufacturing establishment continuing and contributing PF remittance @12% from the date of incorporation , reduce the contribution suddenly to 10%?
2. The establishment has less than 20 members engaged throughout the year, but still contributes @12%. Whereas the PF acts says 10% applicability if the manpower engaged is more than 20. ( leaving out the recent 10% for three months)
3. The establishment is not an seasoned factory, or engaged in Mine or gum industries where 10% is applicable.
I need an expert clarification on this
R devarajan

From India, Madras
Dear Mr Devarajan,
Please go through Code Number Allotment letter from EPF issued to your Establishment.For the Months may, June & July-2020 you can Contribute @10%
Please be informed that your establishment is not contributing to EPF from the Date of Incorporation as stated by you.Your Establishment is Contributing to EPF from the Date of Coverage under EPF Act.Please verify all your PF Records.Contact SRO-EPF applicable to your Factory

From India, New Delhi
Dear R devarajan,
You said that your company is contributing PF at 12% from beginning.
You said that now suddenly your company reduced the contribution to 10%.
You seek clarification as to how your company reduced the contribution to 10%.
Answer to this is as under:
Further to Gazette Notification by Government of India bearing CG-DL-E-18052020-219425 dated 18.05.2020; & Circular by EPFO bearing TB/TAM/RO/Covid-19/Cont.Rate/2020 dated 19.05.2020, your company has reduced the statutory contribution rate from 12% to 10% for the wage months May, June & July 2020.
The Government has taken this decision to reduce the contribution by 2% to provide liquidity in
the hands of employers and employees during Covid-19 pandemic lockdown.

From India, Mumbai
It is in order for Establishmnet to reduce the PF contributions from 12% to 10% strictly in accordance with the recent circular /notification from Ministry of Labour and Employment and this is valid for the months of May , June and July 2020 alone .
For your ready reference the aforesaid notification is reproduced below:

Ministry of Labour & Employment
Lower rate of EPF subscription 10% with EPFO notified placing higher liquidity in the hands of employees and employers during COVID -19 pandemic

Government Sector, their PSEs and establishment whose subscription is being borne by Union Government under PMGKY continue to have subscription at old rates of 12%

Lower rates to be applicable for salary months of May, June and July 2020

Posted On: 19 MAY 2020 6:32PM by PIB Delhi
Various measures have been announced from time to time to provide relief to the employers and employees of the establishments covered under the EPF & MP Act, 1952 distressed by Lockdown to prevent spread of COVID-19 and other disruptions due to Pandemic.

The reduction in statutory rate of contributions from 12% to 10% for wage months May, 2020, June, 2020 and July, 2020 for all class of establishments covered under the EPF & MP Act, 1952 announced on 13.05.2020 by the Central Govt. as part of Atma-Nirbhar Bharat package has been notified vide SO 1513 (E) dated 18.05.2020 published in the Gazette of India. The notification is available under the TAB- COVID-19 on the home page of EPFO website

The above reduction of rate of contribution is not applicable to establishments like Central and State Public Sector enterprises or any other establishment owned or controlled by or under control of the Central Govt. or State Govt. These establishments shall continue to contribute 12% of basic wages and dearness allowances.

The reduced rate is also not applicable for PMGKY beneficiaries, since the entire employees EPF contributions (12% of wages) and employers’ EPF & EPS contribution (12% of wages), totaling 24% of the monthly wages is being contributed by the Central Govt.

Reduction in rate of EPF contributions from 12% to 10% of basic wages and Dearness allowances is intended to benefit both 4.3 Crore employees/members and employers of 6.5 lakhs establishments to tide over the immediate liquidity crisis to some extent.

As a result of reduction in statutory rate of contributions from 12% to 10%, the employee shall have a higher take home pay due to reduction in deduction from his pay on account of EPF contributions and employer shall also have his liability reduced by 2% of wages of his employees. If Rs.10000/- is monthly EPF wages, only Rs.1000/- instead of Rs.1200/- is deducted from employee’s wages and employer pays Rs.1000/- instead of Rs.1200/- towards EPF contributions.

In Cost to Company (CTC) model, if Rs.10000/- is monthly EPF wages, in CTC Model the employee gets Rs.200/- more directly from employer as employer’s EPF/EPS contribution is reduced and Rs.200/- less is deducted from his/her wages.

Under the EPF Scheme, 1952 any member has the option to contribute at a rate higher than statutory rate (10%) and employer can restrict his contributions 10% (statutory rate) in respect of such employee.

I wonder how the Establishment has not put up a notification to employees before acting on such Gazette notification

IR and Labour Law consultant
Former Corporate Head- MRF Ltd

From India, Chennai
Dear all
Thanks for the response. I am aware that Government had announced for reduction in PF contributions @ 10% only for three months. My question is: In general , irrespective of manpower, can an establishment reduce the contribution from 12 to 10.
However I got the answer with the replies and opinions from experts.
R devarajan

From India, Madras

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