Minimum Wage - Pdf Download

Dear Sir,

I would like to know if any legal obligations arise when we bifurcate the salary as 40% Basic + 60% Allowance. We want to pay all contributions based on the Basic Salary, such as PF, PL Encashment, Gratuity, etc.

If yes, which ones are applicable?

Best regards,
Parimal

Can anybody provide me with the latest minimum wages for security services from 01.10.2013?

Dear Parimal,

There is no legal obligation for the bifurcation of Salary, but there are some important points to consider:

1) Please ensure compliance with the minimum wages as per the State regulations.
2) If you base the CTC, the Basic should be 40% of the CTC.
3) If you base the Gross Salary, the Basic should be 60%.
4) Leave encashment depends on the number of EL/PL.
5) Gratuity is calculated at 4.83% of the Basic salary.

Sarvesh

Whatever may be your bifurcation of salary, you need to ensure that it does not fall below the minimum wage. Additionally, P.F. contributions are payable on Basic + DA + retaining allowance, ESI is payable on Basic + other allowances (gross) except for travelling allowance, and gratuity is payable on Basic + DA.

B. Saikumar

Yeap, Mr. Sarvesh is absolutely right. Minimum wages vary from state to state. You may find the latest revision of minimum wages by contacting the concerned Labour Department or Labour Commissioner's office. There are two components in the minimum wages: 1. Basic pay, which is revised bi-annually, and 2. VDA (Variable Dearness Allowance), which is revised once every 6 months. The VDA is calculated based on the Consumer Price Index (CPIs).

Vishwanath

Dear Parimal,

Please note, you can't bifurcate minimum wages. Minimum wages are always treated as basic salary/wages, so all liabilities like PF, ESI, bonus, and gratuity are payable on minimum wages.

Thanks and regards,
Sujeet

Hi,

Nowhere in the law does it mention the bifurcation of salary. A few things you need to ensure are that PF is paid based on the minimum wage, and ESI is paid based on the gross salary. Your salary breakup could include Basic, HRA, DA, and any number of allowances. There are no restrictions on splitting, but make sure you are making all statutory payments as required by local laws. In addition to this, Gratuity and Bonus should meet the minimum wage requirements. Leave entitlement depends on the employee categories. For workers' categories, it's better to pay based on the gross salary.

Thank you.

Dear Friends,

Please find attached a copy of the minimum wages notification of Rajasthan state implemented on 01.01.2013. Please refer to point no. 6 on page no. 9 where it is clearly mentioned that the subtotal of Basic+DA cannot be less than minimum wages.

Thanks and regards,
Sujeet

Dear Parimal,

It appears from the post that you want to separate the salary block into Basic, DA, etc., and want to contribute only to Basic. So, you are asking whether there will be any legal obligation.

This question is asked in many posts by many angles, so I thought to give a detailed reply:

(Figures are imaginary and are for illustration only)

Assume Minimum Wages are Basic= 4,000, Special Allowance= 2,000, and HRA (@ 5%)= 300.

Gross Wages (B+SA+HRA)= 6,300

Employer's Contribution of PF will be on Basic and SA = 12% of 6000= 720.00

Employer's Contribution on ESI on Gross= 4.75% of 6300= 299.00

Case 1: Employer's Trick of flouting PF

Basic= 1000, DA= 1000, and HRA @40% on Basic and DA= 800, Allowance 1 @50%= 1000, Allowance 2 @50%= 1000, Allowance 3 @ 50%= 1000, and Allowance 4 @25%= 500.

Gross= 6,300

PF only on Basic and DA= 240

ESI on Gross= 299.

The difference of PF in the above calculations is (720-240)= 480

If we consider the purposes of the PF Act, the trick of the employer as shown in Case 1 will not work. Anything below the MW for PF will not work. Employers should avoid fooling with the PF act and should have a policy of proper implementation of the PF scheme.

I hope I have answered the query.

Adv. K. H. Kulkarni

There is no 40-60 rule for basic by law. The basic wage should be at least the minimum wage as declared by the state from time to time. The higher the basic wage, the greater the benefits for an employee and the higher the CTC outflow on PF, Gratuity, Ex Gratia, etc., which increases the CTC.

Diwyesh Dave
D'HUBB HR & Business Solutions