LabourNET Law Consultancy 1Dear Abhishek,
In Tamil Nadu rules the PT need not be paid in advance. ie for year 2014-15, from April 2014 to September 2014 you have to pay it before 15 of September and from october 2014 to March 2015 you have to pay the PT before February 2015. I don't know why your TN employer has deducted in advance.
Hence according to me your TN employer has no right to deduct the PT in advance since you are not going to work for them from October 2014 to march 2015. You are liable to pay the PT for the karnataka state since you are working there in the said period.
From India, Kochi
abhishek5563@LabourNET Law Consultancy1,
Thanx for your quick response. :)
A little bit of background. I left my previous employer on 28 Aug,2014 (last working day) .From Aug month salary,6 months PT was deducted ( For Tamilnadu :- INR 1175 ) . As per your reply, that deduction was for Oct 2014 to March 2015.
Now since i have left the company, can i apply for refund of my PT ? is there any concept of refund of wrongly deducted Professional tax ? If so, can you Please explain on the process involved ?
From India, Bangalore
LabourNET Law Consultancy 1Abhishek,
I don't know whether that deduction was for which half yearly. My only point is that the PT cannot be paid in advance for half year. If the deduction is for the period from April 2014 to September 2014 , then the deduction is perfectly correct. I had replied bases on our details which you have provided.
Coming to refund part, yes you have a right to ask for refund of PT which you have paid in advance. Write a letter to the company asking then to give refund. Even then if they are not ready to give refund, then file a compliant before the Labour officer, or the secretary of the corporation or municipality where the company is situated.
From India, Kochi
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