Understanding Gross Wages and PF Qualifying Wages
There can be different interpretations for gross wages and PF qualifying/contributing wages when it concerns an employee whose monthly salary exceeds Rs 15,000. An employer is under no compulsion to pay PF on an amount exceeding Rs 15,000, though many employers contribute on the entire salary or at least the entire Basic (plus DA) without restricting it to Rs 15,000. This is common in large companies, whereas medium-sized and small companies often restrict it to 12% of Rs 15,000.
In the former case, the PF qualifying Gross Salary is Rs 180,000 per annum (15,000 x 12). Therefore, the first interpretation of gross salary is that it is a salary subject to a maximum of Rs 15,000 per month or Rs 180,000 per annum. At the same time, if your establishment pays PF without any salary ceiling, then it can be the amount on which PF is deducted. This is the second interpretation, and as per this interpretation, and continuing the example given by Nandini, the gross salary is Rs 92,788 per month or Rs 1,113,451 per annum.
Now, had the employee been in receipt of a salary less than Rs 15,000, certainly, his other allowances would also attract PF. That means in the case of an employee whose salary is not more than Rs 15,000, the PF qualifying salary is not just Basic salary and DA, but it is the gross salary less HRA. That means PF qualifying salary should include all such allowances which are paid while an employee is on duty or on leave except HRA. There has been a misconception among us that PF is payable only on Basic salary and dearness allowance. Certainly, it is true that PF is payable only on Basic wages and DA, but what is basic salary has been defined very clearly in section 2(b) of the EPF & MP Act as the whole emoluments payable as per the contract of employment except HRA. Therefore, basic wages shall include allowances also. With regard to the treatment of special allowance, we have quite a number of court verdicts which say that a special allowance paid to all the employees should be taken as part of the salary, whereas if it is paid to a particular employee considering his special skill or some kinds of hardship to which he is exposed during the course of employment, then such an allowance shall be excluded from salary.
Hope this will clear the doubts of Nandini.
Regards, Madhu.T.K