Employer Declining Form 16 -Newly Started Company - CiteHR
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Dear Friends / Members,
I work as a recruiter for a startup HR consulting firm ( private limited ) which was started in August 2011. i joined them in august 2011 .Since the company was newly formed the employers told me that offer letter and payslips would be issued later.i have completed 8 months of service and now my employer says he cannot provide form 16 to enable me make my IT returns. He says TDS was not deducted ? i do not know whether im being treated as a consultant / retainer / employee ? IT returns are essential for me to take a loan.
Can anyone guide me as to how to resolve it?
Regards
S.Ram

Dear Ram
the employer must be treating you as consultant but not as an employee.Since he has not issued any kind of letter or document evidencing the nature of contarctual relationship even as consultant, the inference can be in favour of you being an employee of the firm since you have been doing the work of the firm for remuneration.
B.Saikumar
HR & Labour Law advisor
Mumbai

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