Hi,
My employer has deducted all of the PF amount i.e. 12% employee as well as 12% employer share from my salary.
Can they really do this? It is not mentioned in my appointment letter also.
Please guide.
Thanks in advance.
Manish
From India, Bangalore
My employer has deducted all of the PF amount i.e. 12% employee as well as 12% employer share from my salary.
Can they really do this? It is not mentioned in my appointment letter also.
Please guide.
Thanks in advance.
Manish
From India, Bangalore
Well, it is commonly used by the employers now days as they mention the CTC with other salary break-ups including the PF (employee part) but they do not mention that the employer contribution will also be taken from the salary.
Actually, CTC stands for cost to company and that's why they say that they agreed on particular CTC and the employer contribution is also part of CTC.
From India, Lucknow
183Actually, CTC stands for cost to company and that's why they say that they agreed on particular CTC and the employer contribution is also part of CTC.
From India, Lucknow
Dear Manish,
if your organization mentioned CTC in your salary breakup than they can deduct both part of PF from your salary but if they have not mention than you could talk to HR department about this.
Mentioning of CTC is current trend of industries where they show how much costly you are for organization.
In CTC organization mentioned PF, ESIC, Mediclaim, Promotional Coupon(If any), Gratuity and variables component also.
So take a look of your Salary breakup and discuss with HR.
Thanks
From India, Jaipur
if your organization mentioned CTC in your salary breakup than they can deduct both part of PF from your salary but if they have not mention than you could talk to HR department about this.
Mentioning of CTC is current trend of industries where they show how much costly you are for organization.
In CTC organization mentioned PF, ESIC, Mediclaim, Promotional Coupon(If any), Gratuity and variables component also.
So take a look of your Salary breakup and discuss with HR.
Thanks
From India, Jaipur
It is illegal to deduct Employer's (ER) share of contribution to EPF from the salary of the Employee (EE). Please read Paras 30, 31 and 32 of the Employees Provident Fund Scheme 1952. In a nutshell the provisions are like this:
Para 30: The ER in the first instance pay both the ER and EE share.
Para 31: Even if there is a contract to the contrary, the ER is not entitled to deduct the ER share of contribution from the salary. He cannot recover it from the EE in any other manner also!
Para 32: The amount of EE share, paid in advance by the ER can be deducted from the salary of the EE.
It is a very clear legal position that the ER cannot deduct the ER's share of contribution from the salary of the EE.
Cost to Company (CTC) is different from salary. Let us not confuse both.
From India, Madras
Para 30: The ER in the first instance pay both the ER and EE share.
Para 31: Even if there is a contract to the contrary, the ER is not entitled to deduct the ER share of contribution from the salary. He cannot recover it from the EE in any other manner also!
Para 32: The amount of EE share, paid in advance by the ER can be deducted from the salary of the EE.
It is a very clear legal position that the ER cannot deduct the ER's share of contribution from the salary of the EE.
Cost to Company (CTC) is different from salary. Let us not confuse both.
From India, Madras
According to the Provident funds act 1952 the contribution has to be maid from both the side i mean Employer and employee 12% each and admin charges has to be afford by employer so if employee has been deducted whole contribution from your end only it is not acceptable according to law and ask him put the contribution half of the contribution from his end. and let me this is in your case only or of all the employees if it is happening in all employees case please better bring this to the knowledge of regional pf officer.
all the best
Suresh
From India, Bangalore
all the best
Suresh
From India, Bangalore
The Employer can’t deduct the Employer contribution from Employee gross salary.But he can do the same thing from CTC which it already included.
From India, Secunderabad
From India, Secunderabad
If any employer deducts Employers' Share from the salary, it is against the provisions of EPF & Misc. Provisions Act, 1952 and can be brought to the notice of concerned RPFC.
From India, Chandigarh
From India, Chandigarh
I am slightly confused over above statements. I believe the employers show PF contribution by them as part of CTC as indirect benefit only. In such case, it reflects notionally what the cost is but not to really deduct from employee. Deducting from employee, the employers share can not be permitted.
From India, Hyderabad
From India, Hyderabad
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Employer-PF-res trict to wages of Rs 6500.pdf