Legal Question in Employment Law in India

I asked this question on 30 March 2010 still waiting for your answer. Please answer.

1. Supose one company having its salary breakup like Basic, DA, HRA, Washing Allowance, Conveyance Allownace and Food allowance. Which head should be miminum wage and on which head company has to pay EPF? Please clarify.

2. If the company hire the employee for 5/6 months contract. After the said period company give break for 15/30 days. Again company hire the same employee and alloting the same ESI & PF number to employee and employee complete 5yrs in the same company. How will calculate employee graduity. Is there any formula for this type of employee. Please answer.


Asked on 3/31/10, 9:38 pm

1 Answer from Attorneys
Adv.Sunita Lad Mayank Industrial Services

The PF would be applicable on Basic + DA and Food Allowance. While for the purpose of minimum wages Conveyance allowance shall not be included.

With a break in service calculation of gratuity would be difficult . But if the employee has worked 240 days in a year then on the basis of the same it can be calculated.

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Answered on 4/01/10, 4:34 am


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