Understanding Minimum Wage Rules: How to Handle PF Benefits and Wage Bifurcation?

nhbansal
Minimum Wage Notification and PF Benefits

Please advise me if the minimum wage notification states that we cannot bifurcate the minimum wages for PF benefits. If this is the case, please let me know how it should be calculated. Do we have to pay arrears, or will it be going forward?

Thank you.
pmir_law
Minimum Wages Act of 1948: Components Included

As per the Minimum Wages Act of 1948, the components included in the Minimum Wages Rates are:

(1) Any minimum rate of wages fixed or revised by the appropriate Government in respect of scheduled employments under section 3 may consist of:

(i) A basic rate of wages and a special allowance at a rate to be adjusted, at such intervals and in such a manner as the appropriate Government may direct, to accord as nearly as practicable with the variation in the cost of living index number applicable to such workers (hereinafter referred to as the "cost of living allowance"); or

(ii) A basic rate of wages with or without the cost of living allowance, and the cash value of the concessions in respect of supplies of essential commodities at concession rates, where so authorized; or

(iii) An all-inclusive rate allowing for the basic rate, the cost of living allowance, and the cash value of the concessions, if any.

Please note that all the components mentioned above include the Minimum rate of Wages and all attract contributions towards PF subject to a ceiling limit, i.e., Rs. 6500/- as per the EPF & MP Act.

Also, note that in Delhi, minimum wages rates were revised in July 2011, effective from April 2011, and thereafter, DA has been revised twice a year, i.e., effective from April & October every year. Attached are the notifications for your reference.

Additionally, to my knowledge, Punjab is the only state where the Government issued a Notification regarding Basic Wages, which should not be less than the Minimum Wages rates of the State. The notification is also attached.

I believe this information will be helpful in addressing your query.

Regards,

Mahesh Kumar Pandey
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saswatabanerjee
Minimum Wage Notification and Arrears

Minimum wage notification provides the effective date. If you receive the notification late, you will need to pay arrears for the missed period.

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