• Decrease in basic salary amount

Dear Sir,

I am planning to change my salary structure where I am planning to decrease Basic salary and include the same in various salary components.

If I reduce the Basic salary then automatically it will effect everyone PF. 

Is it legal to take this step if yes then under which section can the change take place.
Asked 8 years ago in Labour

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5 Answers

1) your basic salary should be above the minimum wages

2)There is no law governing salary breakup.

3) Normally You should not decrease the basic pay.

4) pf act says that salary should not be decreased when introducing pf. That is salary should not be reduced to pay the pf.

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

1. you can do so.

2. salary is like a consideration and employment is an agreement. according to contract act, consideration of the agreement is subject to variation and u/s 25 of the contract act a person can take any amount as consideration.

3. even you can take token amount as salary, there is no restriction in law if person has given his consent to work at below the minimum wages.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

If I reduce the Basic salary then automatically it will effect everyone PF.

A. yes, it will be reduce automatically. it will also affect your gross income so your income tax liability will also be decrease. you can make change but you have to take consent and consent should be free.

Shivendra Pratap Singh
Advocate, Lucknow
5127 Answers
78 Consultations

Hello,

1) Your basic salary should be above the minimum wages as there happens to be no law governing the salary break up.

2) Provident Fund act clearly lays down that says that basic salary should not be reduced during the introduction of PF.

Anilesh Tewari
Advocate, New Delhi
18103 Answers
377 Consultations

Are you running a company or a firm?

Are you the owner/proprietor or whether the firm is a partnership firm?

What is the rule your company states about it.

You cannot decrease the basic salary or change the structure of salary from the one what you have already circulated in the employment offer letter.

You have to incorporate a change in the company policy in this regard and an effective notification is to to be promulgated in this regard after the decision about this has been taken in the company following the procedures in this regard.

Discuss with your auditor and company's legal adviser before taking any such decision

T Kalaiselvan
Advocate, Vellore
89976 Answers
2492 Consultations

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