Legal Question: Is It Okay for Companies to Pay MLWF Without Employee Deductions?

Hi Guys,

I need your help with the following query: What if there are no deductions made in the employees' salaries under MLWF, but the amount that the Fund should receive from the organization/employees is paid to the Fund by the company itself, with all challans of the payments being maintained. Is this legally correct?

Emereen

Dear Sir,

You should deduct the MLWF amount from the wages of employees and pay it to the fund, along with the employer's contribution.

Regards,
N. Khopade

Hi Nand Kumar,

We do submit the returns in the MLWF office. The amount that we submit to the office includes the employers' as well as the employees' contributions. Is it okay if we do this?

Emereen

Hi Emereen
· MLWF Section 6BB(3): Employer shall pay to the Board both the employer's contribution and the employee's contribution in accordance with the provisions of sub section (2) of section 6BB before 15th day of July and 15th day of January, as the case may be
· MLWF Section 6BB(4): Notwithstanding anything contained in any other enactment but subject to the provisions of this Act and any rules, the employer shall in the case of any such employee be entitled to recover from the employee that employee’s contribution by deduction from his wages, and not otherwise; and such deduction shall be deemed to be a deduction authorized by or under the Payment of Wages Act, 1936 (4 of 1936)
Though you have already remitted both employee’s and employer’s contributions, hence there is no contravention of above section or any rules
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