Salary Structure Dilemma: Can Basic Pay Be Below Minimum Wages? Seeking Guidance

Dear Seniors,

I need your help regarding the salary structure of staff and workers. I am preparing the salary structure as follows. Kindly guide:

Basic + Special Allowance / As per Minimum Wages / HRA / Other Allowances

In the salary structure, the basic should be equal to or above the minimum wages. I am preparing as per the above, but a few people are asking me if we can split the basic amount below the minimum wages. Kindly guide. Waiting for your kind response.

Before preparing any new pay structure, please study the recent Supreme Court verdict on the definition of Basic wage (PF gross inclusive of allowances). Also, review the recent proposed amendments of the PF Act and the definition of "Wage" instead of Basic. The crux of the matter is that Wage (Basic) should ideally be 2/3rd of the monthly gross, and other allowances should constitute 1/3rd of the monthly gross to err on the side of caution.

S K Bandyopadhyay (Howrah, WB)

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