Salary slip, salary, form 16, tds certificate not issued
Deepak
(Querist) 18 July 2013
This query is : Resolved
Hi
I worked for a company for SIX months (July 2012 - Dec 2012)
1. They never issued me any payslip or TDS certificate though they continuously kept on deducting my Income Tax.
2. The company also never paid me my last two months salary. I have been consistently writing to them but to no avail. In fact my travel arrears are also pending with them.
3. The company is not issuing me FORM 16 also.
4. Please advice
Kumar Doab
(Expert) 18 July 2013
>>>Wage Slip/Pay Slip/Salary Slip: Lodge complaint with the Inspector appointed under :
THE MINIMUM WAGES (CENTRAL) RULES, 1950
26. Form of registers and records.
(2) A wage slip in Form XI shall be issued by every employer to every person employed
by him at least a day prior to the disbursement of wages.
(3) Every employer shall get the signature or thumb-impression of every person
employed on the 1
{register of wages} and wage slip.
(4) Entries in the 1
{register of wages} and wages slips shall be a authenticated by the
employer or any person authorized by him in this behalf.
THE PAYMENT OF WAGES ACT, 1936
6. Wages to be paid in current coin or currency notes.- All wages shall be paid in current coin or currency notes or in both:
5*[Provided that the employer may, after obtaining the written authorisation of the employed person, pay him the wages either by cheque or by crediting the wages in his bank account.]
13A. Maintenance of registers and records.
5*[13A. Maintenance of registers and records.-(1) Every employer shall maintain such registers and records giving such particulars of persons employed by him, the work performed by them, the wages paid to them, the deductions made from their wages, the receipts given by them and such other particulars and in such form as may be prescribed.
(2) Every register and record required to be maintained under this section shall, for the purposes of this Act, be preserved for a period of three years after the date of the last entry made therein.]
>>>>>Form16/TDS Certificate:
Lodge Complaint against company’s personnel responsible for issuing Form 16 (usually Finance manager) and MD, with Personnel I/c of TDS where you file your ITR and jurisdictional Commissioner-TDS where company deposits TDS and ITR.
There are provisions for penalty………………
>>>>>FNF dues:
Employee can approach : labor inspector/o/o Labor commissioner if covered as ‘workman’…,..
Inspector under (Name of State) Shops and Establishments act if covered as ‘Employee’ in the enactment…..
Inspector under Payment of Wages Act: applicable to all employees drawing wages as per definition of wages in the Act up to Rs.18000/pm…………..
Trade unions, employee’s guild/IC’s etc……………..
Or Civil Court
There are threads suggesting employees filing criminal complaint u/s 406, 420………..
And
Approaching the employer as creditors treating unpaid wages as ‘debt on employer’…………
Approach your lawyer with copies of all of your docs, give inputs in person, send quality time, get the merits analyzed and proceed under expert advice of your lawyer.
IN majority of the cases legal notice by the lawyer succeeds to drills sense into the heads.
Valuable advice of learned experts is sought.
Rajendra K Goyal
(Expert) 20 July 2013
For TDS deducted you can refer the Income Tax site and view your FORM 26AS at the site. It would show the TDS deducted and deposited by the employer in your name.
H.M.Patnaik
(Expert) 23 April 2016
Nothing more to add.
