Understanding PF Contributions and Salary Limits
If the gross salary is more than Rs 15,000, you can adjust it back to Rs 15,000. However, if you want to reduce it to an amount less than Rs 15,000, you will face an inquiry. This is because PF is payable on the basic salary, which is equivalent to the gross salary. According to Section 12 of the EPF and MP Act, you cannot reduce the PF qualifying salary. However, PF authorities cannot demand any contribution on a salary above Rs 15,000. Therefore, if the employer has been contributing PF on an amount more than Rs 15,000, say Rs 20,000, but wants to restrict it to Rs 15,000, they can do so. This act of reducing the PF contributing salary from Rs 20,000 to Rs 15,000 will not violate Section 12 of the Act (ref: Marathwada Gramin Bank Karmachari Sanghatana Vs Management of Marathwada Gramin Bank).
Clarification on Basic Salary and Allowances
If you have been paying contributions on an amount higher than Rs 15,000 and want to make it only on the basic salary, say Rs 8,000, you will need to justify this action. You cannot claim that your employees' basic pay is Rs 8,000 and the remaining salary belongs to allowances excluded from wages because the only exclusion available in the definition of wages is HRA. However, when HRA is part of the salary and given to all employees, regardless of whether they reside in a rented house, the exclusion will not be permitted.