Legal Question in Employment Law in India

Our organisation where I am working has a CTC structure and a 10% amount of the CTC is kept back and is paid to the employee at the end of the year when the PMS is finalised. Since the financial year being April to March. PMS is expected to be closed by the end of the march or with in reasonable time i.e 30/45 days but it generally takes 8/9 months to be finalised. Till then the 10% amount of the PLI is not paid to the employee. Neither the interest is paid on the delayed amount, now this year the organisation has decided or is likely to come up with a structure where the PLI component will be increased to 25% and will be paid at the end of the closing of the PMS generally after 7/8 months. Till then the 25% of the PLI which is a component of the CTC and which is a legal amount of the employee is not paid to him in his monthly salary but at the end of the the PMS. The amount is delayed by 19/20 months . Now considering the new structure of 25% as PLI a size able amount of 6/10 lakhs per employee will be with hold by the organisation. There are 12000/15000 employee in the organisation under CTC.

My question is can the company increase the PLI component to 25%,

and even at present which is 10% is paid after a delay of 7/8 months, is employee entitle for delayed interest of the salary. Pl guide me what does the law says. Ours Officer's Association is a paper tiger and will not be able to take up the case all employees suffer silently.

We also have our PF with our company as trusty and is managed by the company's trust how is the interest of EPF calculated is on the monthly rest or yearly rest

thanks and regards


Asked on 7/14/11, 6:07 pm

1 Answer from Attorneys

Santosh Goswami,Advocate sure shot legal

Dear client

Every company has its own sets of rule and regulation.But if the amount is paid after so much delay which is contrary to law, employees deserve interest upon that for sure.EPF is generally calculated on monthly basis.Plz see the appointment letter and other documents of the company. You can contact me for more help--

919555462995

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Answered on 8/14/11, 4:01 am


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