Legal Question in Employment Law in India

Epf

I am working in a Pvt.Ltd company which was incorporated in year 2005. We requested our employer recently regarding starting of EPF but he was initially reluctant to do so.In beetween I sought advise from Lawguru and I got good feedback from lawyers such as Mr.Sudershan Goel and Mr. Pranav Desai. Thank you for the help. Now our employer is agree to provide an EPF but he is saying that company will not bear the cost. He is saying that contribution on part of employee and on part of employer both wil be deducted from employee's salary.For eg. If my take home salary is 10000 and my basic salary is 6500 then Deduction of EPF is 12%of basic i.e. 780.Employer is saying that he would deduct Rs.1560(780*2) and that will be credited into EPF account.and hence employee's take home salary will be 10000-1560=8440.But we want compony to deduct our part of 780 from our salary and the other part should be paid by employer, so that my take home salary would be 10000-780=9220 and contribution to EPF account is still 1560(780*2).I just want to know legally who is right ? and if employer is wrong what we can do?


Asked on 4/18/09, 4:54 pm

3 Answers from Attorneys
Fahri Toga TOGA//OKSUZ

Re: Epf

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

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Answered on 4/21/09, 8:48 am
Pranav Desai PD Legal & Associates

Re: Epf

You are right an employer is bound to pay the same amount which you have paid. If your employer is not understanding the issue. I once again suggest to visit a local EPF office and inform them this issue. They would take necessary action.

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Answered on 4/21/09, 1:11 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Epf

The may not legally deduct his own share. It may not be proper to rake up the issue at this stage; let the EPF scheme start and then you may take appropriate steps, if the employer take any illegal step.

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Answered on 4/21/09, 3:39 am


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