PF and ESI Contribution Guidelines
Please note the following:
1. The PF Act is applicable to an establishment employing 20 or more persons.
2. Any person employed for the first time in an establishment with a salary up to Rs. 6500/- will be an eligible member (compulsory member).
3. Any person employed for the first time in an establishment with a salary above Rs. 6500/- will have the option to join the fund or not. If opted, he/she will be an Optional Member.
4. Any person who is already a member of the PF Fund will be covered under the Scheme even if he/she is employed on a salary above Rs. 6500/-.
5. The employer is bound to pay contributions only up to Rs. 6500/- as per the provisions of the Act/Scheme. However, the Act does not prohibit the employer from paying contributions above Rs. 6500/-.
There are many employers/establishments paying contributions to the Fund on an actual basis without any limit. In such cases, if the wages (Basic + DA) are deducted/paid on an actual basis, even if the wage is above Rs. 6500/-, the contribution will be calculated accordingly.
Addressing Your Query
There are two members: one's Basic wage is Rs. 7000/- and the other's is Rs. 25000/-.
- If the employer, as a policy matter of the establishment, is paying contributions only up to Rs. 6500/-, the contribution will be restricted to that amount for both employees (Rs. 6500/- @ 12% = Rs. 780/-).
- If the employer is paying contributions on an actual basis, it will vary as explained above: for the employee earning Rs. 7000/-, it will be Rs. 840/-, and for the employee earning Rs. 25000/-, it will be Rs. 3000/- @ 12%.
For the coverage of ESI, the mandatory upper limit is Rs. 15000/-. Therefore, the first employee will be covered under the Act, and the other one will be outside the coverage of the ESI Act. Please note that the definition of wages in the PF Act and ESI Act is entirely different. Fixed Conveyance Allowance, HRA, etc., will be considered while calculating the Total Wage in the ESI Act, whereas in the PF Act, it will not be considered.
Regards,
PKjain