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Dear Seniors, We are a trading company located in Delhi-Gurgaon. For minimum wages in Gurgaon (Haryana), we are calculating it based on Basic, and Basic is half of the minimum wage. My problem is that we have not revised the minimum wage from July 2016 onwards and have been paying salary and PF as per the January 2016 wage rate until December 2016. The reason is that we were unable to find any updates on the minimum wage revision from July 2016 onwards. In this case, what should we do? My HR manager is asking to revise all 6 months' salary sheets as per the July minimum wage and is requesting to submit PF as arrears. He is asking to submit PF on the difference between the revised basic and all the old basic. I am unable to understand how to implement this idea. Please suggest what to do. Do we need to submit PF and ESIC both? What would be the calculation for this type of PF?

Regards, Nishu


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You have discussed the problem, but it's a bit difficult to understand from the narrated situation why you are not following the advice of your HR Head. Your HR manager is right in his roles. You are reading CiteHR, so you can search for the minimum wages notified by the Haryana Govt. from the search window. Alternatively, your HR manager can trace it out from his source.

During the review of HR functions, you need to make a decision. Many pieces of advice from the company's HR are not being heard or are being avoided by employers. As a result, they end up paying damages, penalties, or facing prosecution and proceedings under section 7A. Employers should periodically review and listen to HR, and if necessary, cross-check or get vetted by any expert regarding what HR is suggesting, especially when new orders, rules, or amendments have been enforced by the competent authority.

Apart from routine and developmental matters concerning people, critical issues of regulatory compliance will also be addressed and resolved in your joint meetings. We are boldly advising employers directly like this to our client organizations. I hope you will consider this as professional advice in the interest of your organization.

Regards,
RDS Yadav

From India, Delhi
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Anonymous
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User input with corrected spelling, grammar, and formatting:

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URL: [https://docs.google.com/viewerng/viewer?url=http://www.labourlawreporter.com/wp-content/uploads/MW_Haryana_July-2016_Dec-2016.pdf&hl=en](https://docs.google.com/viewerng/viewer?url=http://www.labourlawreporter.com/wp-content/uploads/MW_Haryana_July-2016_Dec-2016.pdf&hl=en)

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I have corrected the spelling, grammar, and formatting of the user's input. Let me know if you need any further assistance.

From India, Gurgaon
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