Can We Split Minimum Wages into Basic, HRA, and Conveyance Legally? Seeking Clarity

maniish1311
Query on Bifurcation of Minimum Wages

I have one query or rather an issue regarding the bifurcation of minimum wages. If somebody can help me out, that would be highly appreciated. My query is as follows:

Can the basic salary of an employee be lower than the minimum wages? In other words, can minimum wages be divided into different categories like basic, HRA, and conveyance?

For example, if the minimum wage is $8000, can we distribute it as follows:
Basic: $4000
HRA: $2000
Conveyance: $2000

And then we pay PF only on the basic salary, i.e., on $4000 only rather than $8000. Is this legally allowed? If it is not allowed, is there any recent written notification regarding this?

Thank you.
umakanthan53
Apportionment of Minimum Wages: Supreme Court Clarification

The controversy relating to the apportionment of the gross or total wages equivalent to the minimum wages fixed under the MW Act, 1948, was resolved by the Supreme Court in the Airfreight Corporation case. It is crucial to note that the apportionment should not include the excluded items mentioned in the definition clause of "Wages" under section 2(h) of the Act. In other words, the sum total of the industry wages, whether apportioned into several components or consolidated, shall not fall below the sum total of the minimum wages at any point in time.

In light of the universally accepted principle that the fixation of industry wages is based on several factors like the demand and supply of labor, the degree of unionization of the labor force, and the bargaining power of the respective partners of production, the apportionment of the gross wages into components is essentially part of the collective bargaining agreement.

In the backdrop of the purpose behind the compulsory institution of the Provident Fund, the sources of the contribution have to strictly follow the EPF Act, 1952, and should not be based on any borrowed interpretation from other legislation with a different purpose.

Regards
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