Understanding Provident Fund Rules: What Happens When Basic Salary Exceeds Rs. 6,500?

Dear All,

I need help from you all regarding some clarifications on Provident Fund:

1) For PF deduction, the ceiling on basic salary limit is Rs. 6,500. If the basic salary of a member employee increases beyond Rs. 6,500 after becoming a member, is it mandatory to continue or can the contribution to PF be stopped?

2) If the basic salary is already more than Rs. 6,500 at the time of hiring, do we still need to contribute to PF as mandatory?

3) Are there any companies that do not contribute because the basic salary is more than Rs. 6,500?

Kindly assist me in resolving my queries.

Thanks & Regards,
Shilpi

Dear Shilpi,

If any employee jumps to cross the limit of PF Ceiling, his PF should be deducted up to the ceiling limit ($6500), but definitely to be deducted as he is already a member of PF and can't cease to be until he leaves the organization.

In case of a new member, it depends on whether he is declaring his past association with other companies on form no. 11 or not. If he was getting his PF deducted there, it will be deducted in the new company, and if not, it may not be deducted. PF inspectors have the power to cross verify these form 11 in case of non-contribution by employees. It is not mandatory in the case of a fresher who is getting a basic salary higher than $6500.

Yes, definitely, there are many companies that are not deducting the PF of said employees.

Hope this serves your purpose.

Regards,
Rahul

Dear Ms. SHILPI,

PF MUST BE DEDUCTED in all criteria mentioned by you, within limit or above limit. The company must deduct the P.F. from the salary (basic + d.a.).
If you are deducting PF from an employee whose basic salary is above 6500/-, you will have to fill up form-26(6) with the employee's consent and the company's undertaking.

Vishal - 9825224504

Shilpi,

1) If the employee's basic increases beyond Rs. 6500/-, then the employer has to contribute the minimum amount of Rs. 780/-. It is mandatory.

2) On hiring, if the basic exceeds Rs. 6500/-, the PF amount of Rs. 780/- has to be deducted if he is already a member of PF. Else, it is not required.

3) If the employee joins in the consultant mode, then PF does not have to be deducted.

Thank you, everyone. Currently, we are contributing 12% of the basic salary towards PF for all employees. However, we are considering discontinuing this practice for junior management, as they are requesting more take-home pay. Based on all the responses received, it appears that we should continue their PF contribution since they are already enrolled members. Can we proceed with a contribution of only 780/-? Kindly confirm.

Exactly, Shilpi. Since you have already been deducting PF, you cannot stop contributing now.

So far, where I have worked has been contributing 12% of the basic salary, even if the basic salary exceeds $6500. You can follow the same procedure if you want to. That is purely what you decide on.

It has been discussed in detail about the query raised by Shilpi. If you are looking for more information, then be specific about what details you want.

Dear Shilpi,

It entirely depends upon the company's policy on how much the Principal employer would like to contribute towards the PF contribution. It can be 12% of the maximum limit of Rs. 6,500.00, or it can be without any limitations.

Normally, the company is depositing a flat 12% towards the PF contribution, regardless of the Rs. 6,500.00 limitation nowadays. The reason for this is that most companies have already factored in that amount into the CTC of the employee during salary negotiations.

For example, if the CTC is Rs. 50,000.00 per month and the basic pay is Rs. 20,000.00, then the PF contribution of both the employee and the employer is included in the CTC (which is Rs. 2,400.00 for each at 12% of Rs. 20,000.00). Therefore, an amount of Rs. 4,800.00 is already included in the CTC of Rs. 50,000.00.

Dear Shilpi,

It is mandatory to continue the contribution in PF. If the practice is in place for PF contribution regardless of the ceiling, one such employee cannot be discriminated against. There may be many companies restricting PF contribution to a salary limit of Rs. 6500/-

Regards,
krk rao

Dear Shilpi,

The PF ceiling of Rs. 6,500/- is mandatory. Paying or contributing more than the ceiling limit depends on the employer.

Regards,
Puttaraju.M

Dear Shilpi,

You can do more things: get resignations from your employees and appoint them afresh at a higher basic salary.

Geethanjali,

I don't understand what made you say that. Once the employee is an existing PF member, then you have to pay at least the minimum amount of ₹780 towards PF, even if you hire them back with a higher basic salary as you suggested. I can understand that you must be a fresher.

Dear Shilpi,

First of all, thanks a lot for posting valuable content. One point I would like to mention is that for any employee for whom you are already contributing more than Rs 780, you cannot reduce it back to Rs 780. Apart from this, visit www.epfindia.com for more details.

Friends, I need further clarification on what Mr. Vishal has mentioned, i.e., about Form 26(6).

Thanks to all others who have replied to this post.

Regards,
Amith R.

Hello,

PF deductions over Rs. 6500/- are at the discretion of the management. Once a decision is made to pay contributions over and above Rs. 6500, PF must be paid on the wages exceeding Rs. 6500, and cannot be stopped in the meantime. This should apply uniformly to all employees. Additionally, stopping or setting a higher limit in the middle is not feasible.

Thank you.

I want to know, if I have some contractual employees with us, is it necessary for us to give PF?

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I want to know if I have some contractual employees with us, is it necessary for us to provide PF?

If an employee is getting a salary of Rs. 9500 per month and in the month of June, his salary has been increased to Rs. 12500, in that case, ESI should be deducted. However, ESI should be deducted on Rs. 10000 or Rs. 12500.

Varinder,

ESI should be calculated only for 9500/-, not for 10000/- or 12500/- until the end of September.

Hi Shilpi,

Opting in, Fixed option, or opting out is merely an employee's decision and not the employer's. Hence, when the basic salary increases beyond Rs. 6500/-, it is still up to the employee to decide whether to contribute to PF or not. There are no establishments that have ruled out PF on account of the basic salary being beyond Rs. 6500/-.

Thanks and Regards,
Hema

Hi Uniquenaga,

Thank you, Prathima, for your response. There are two different things in PF deductions as per the discussions:

i) 12% of Basic

ii) Rs. 780/-

My doubts are:

i) Is there any rule or relaxation about the Employer contribution being a fixed ceiling of Rs. 780/- for employees whose Basic crosses Rs. 6500/-?

ii) Is there any strict rule that we should deduct 12% from the basic of employees in a new company that is introducing PF and all, or can we restrict that also to Rs. 780/-?

iii) What questions will be encountered when filing the returns with the EPFO office if a company restricts its (Employer) contribution to Rs. 780/- for employees whose Basic crosses Rs. 6500/-? If so, how can we defend and overcome this with the PF officials?

Kindly shed more light on these matters.

Regards,
Uniquenaga:icon1::icon1::icon1:

Dear Virender,

I disagree with the statement made by Prathima. In this scenario, the employee's contribution will be based on the enhanced wages (i.e., ₹12,500.00) until the month of September, after which he will be exempted. To support this, I am including Section 50 of the ESI Act, which clarifies any doubts regarding this issue.

50. Wage limit for coverage of employees under the Act
The wage limit for coverage of an employee under sub-clause (b) of clause (9) of section 2 of the Act shall be ₹6,500 a month:
PROVIDED that an employee whose wages (excluding remuneration for overtime work) exceed ₹6,500 a month at any time after and not before the beginning of the contribution period shall continue to be an employee until the end of that period.

"If an employee is receiving a salary of ₹9,500 per month and in June, his salary is increased to ₹12,500, should ESI be deducted on ₹10,000 or ₹12,500?"

Thank you.

Yes, Virendra Rajiv is correct. The ESI will be deducted from the gross amount received by the employee till September's salary. Starting from October's salary, he will be out of ESI coverage, but his coverage will continue for the next six months, and he can still avail the ESI facility.

Dear Shilpi,

It is not mandatory to deduct PF from any employee's salary if his/her basic wages are more than Rs. 6500/-. As specified in the PF Act, "PF must be deducted from the salary of any employee drawing basic wages up to 6500/-."

However, if your employer does not want to contribute/deduct PF from employees drawing more than 6500/-, you can obtain a written undertaking from the concerned employee regarding non-contribution to PF. This approach can help avoid any complex situations that may arise from this decision.

[QUOTE=prathimareddy;511207]
Shilpi,

1) If the employee's basic increases beyond Rs. 6500/-, then the employer has to contribute the minimum amount of Rs. 780/-. It is mandatory.
2) On hiring, if the basic exceeds Rs. 6500/-, the PF amount of Rs. 780/- has to be deducted if he is already a member of PF. Otherwise, it is not required.
3) If the employee joins as a consultant, then PF does not have to be deducted.

Hi Prathima,

In my experience with the PF commissioner, PF officials have the right to request not deducting PF for consultants or any employees. It is better to maintain the ceiling limit and deduct and pay.

Thanks,
Mahesh

Dear Friends,

Most of the contraventions are okay. For clarification, please see the attached PF CHECKLIST (earlier posted by me). There is no maximum limit; the ceiling is Rs. 6500/- (Basic + DA). If it crosses this limit, he/she may be called an 'Exempted Employee'. However, it is mandatory as a social security measure for employees, so every RPF authority may request the deduction of PF at Rs. 6500/- from every exempted employee. It is advisable to make such deductions that are exempted from Income Tax purview.

Regards, PBS KUMAR

Hello All,

If the contribution towards PF is more than Rs. 780 per month, is it okay to reduce the amount to Rs. 780 per month?

Regards,
Prasad

Dear Shilpi,

Clarification on Provident Fund Contributions

1) The law states that PF is mandatory for employees with a basic salary limit of less than or equal to Rs. 6,500/-. However, this should not be misinterpreted to mean that employees with a salary greater than Rs. 6,500/- are not required to have PF coverage. Employees can choose either to contribute up to Rs. 6,500/- or opt-out.

2) If the basic salary upon hiring is already more than Rs. 6,500/-, is it necessary to contribute to PF as a mandatory requirement? It is not mandatory but rather an option to be decided by the employee.

3) Are there any companies that do not contribute because the basic salary is more than Rs. 6,500/-? Yes, there are. However, the best suggestion is not to offer the option to opt-out, but rather to limit the contribution to Rs. 6,500/-.

Thanks.

Regards,
Hema

Guys, you have confused me completely. Please tell me which option is correct:

Option 1:
PF ceiling of 6500 means that PF will be calculated on a maximum of 6500, which means Rs 780 is the maximum deduction as per the law, to which the employer is obliged. Any amount above this is at the discretion of the company.

Option 2:
PF ceiling of 6500 means that the maximum deduction (12%) on the basic salary (regardless of the amount) is Rs 6500, which represents the employee's share in Account Number 1. Even if the deduction of 12% of the basic salary exceeds 6500, the limit remains.

Please advise.

Regards,
Robin Dhyani

Is it true that the employer contributes an amount equal to the employees' PF contribution, or is the employer's contribution limited to a maximum of 12% of ₹6,500? Although I have been receiving a basic salary well above ₹6,500, the employer used to deduct PF only ₹780 for everyone. Please clarify.

Implementation of New EPFO Guidelines from September 1

The much-awaited minimum monthly pension of Rs.1,000 and a higher wage ceiling of Rs.15,000 for social security schemes run by the retirement fund manager, Employees’ Provident Fund Organisation (EPFO), will be implemented from September 1.

The government’s decision to fix the pension entitlement of Rs.1,000 under the Employees’ Pension Scheme 1995 (EPFS-95) will immediately benefit 28 lakh pensioners who currently receive less than this amount. The move to enhance the minimum wage ceiling for becoming a subscriber of the EPFO to Rs.15,000 a month is expected to bring 50 lakh additional formal sector workers under the ambit of the body.

“The government has notified the enhancement of the wage ceiling to Rs.15,000 per month, fixed the minimum monthly pension at Rs.1,000 under EPS-95, and enhanced the maximum sum assured under the Employees’ Deposit Linked Insurance (EDLI) Scheme to Rs.3 lakh,” EPFO’s Central Provident Fund Commissioner K. K. Jalan told PTI.

Mr. Jalan stated: “Now the maximum sum assured under the EDLI works out to be Rs.3.60 lakh, including a 20 percent ad hoc benefit over the prescribed amount under the notification.” This means that in case an EPFO subscriber dies, his family will be entitled to a maximum sum assured of Rs.3.60 lakh instead of the existing Rs.1.56 lakh.

Mr. Jalan mentioned that the notification regarding the minimum pension, wage ceiling, and EDLI would take effect from September 1. Thus, all pensioners receiving less than Rs.1,000 per month will receive at least this much pension from October.

Impact of the Amendment

1. Employees who have already opted out of PF coverage (whose basic is above Rs.6,500) would be covered under the scheme if their Basic Wages are higher than Rs.6,500 p.m. and up to Rs.15,000/- per month.

2. Employees who are existing PF Members and over time their basic wages have increased up to Rs.15,000 per month and even above (once a member, always a member), currently have their PF contribution deducted on a maximum wage limit of Rs.6,500/-, but from now onwards their contribution will be deducted on the actual basic wages up to a maximum limit of Rs.15,000/- p.m.

3. Similarly, companies currently extending PF benefits only on Rs.6,500/- irrespective of their wages may have to increase the PF wages to Rs.15,000/- and need to pay the employer contribution of 13.61% on Rs.15,000/-.

4. The pension amount limit will also increase from Rs.541/- to Rs.1,000/-.

5. The employees whose current basic wages are less...

Regards

In accordance with the wage ceiling increase from ₹6,500 to ₹15,000, I request guidance on the deduction of PF (12%) on a ₹5,000 basic salary.

Employee Share: 12% ₹600 + Employer EPF Share: 3.67% ₹184 = Total ₹784

Employer Share: 8.33% ₹417 contribution deposited in EPS account.

If the wage ceiling is now increased, will the notification affect the above calculation or not?

Communicating Salary Structure Changes Due to PF Ceiling Adjustment

Please help me with how I can communicate with my staff about changes in their salary structure due to the change in the PF Ceiling. Please provide me with any format of a letter.

Thanks.

Please tell me if the employee earns more than Rs. 15,000 (for example: Rs. 20,000 Basic). In this case, how much amount has to be contributed by the employer and employee?

For PF Deduction, the ceiling Basic Salary limit is Rs. 6,500/-. If the basic salary of a member employee increases beyond Rs. 6,500 after becoming a member, is it mandatory to continue the contribution in PF? The ceiling Basic Salary limit is Rs. 15,000/- with the new amendment.

You can restrict the PF deduction as per statutory norms and deduct on Rs. 6,500 (though the present limit is Rs. 15,000 per month). If a member continues their membership, you should do the same, but you cannot stop the contribution without the employee's consent.

You do not need to fill out Form-26(6). If employees wish to contribute more than 12% per month, then you must fill out Form 26(6) mandatorily with the employee's consent and the company's undertaking.

Regards,
Mayank Panchal
Head HR
Real Namkeen
Nadiad