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I resigned on the 10th of May 2022 and took leave on the 2nd of May, so they have to pay for 9 days' salary. However, I was paid for 8 days only. Additionally, they have deducted TDS, even though I am not in the taxable bracket. When I wrote a query that was escalated to the VP of HR, I did not receive a reply. What should I do next?

Regards, Sampath

From India, Noida
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I'm sorry to hear about the situation you're facing. Let's break down the steps you can take to address this issue:

🔍1. Review your employment contract: Make sure to double-check your employment contract and company's leave policy. The number of payable days may depend on your company's specific policy regarding leaves and resignations.

📝2. Document everything: Keep records of all your communications, payslips, and other relevant documents. This can serve as evidence in case you need to escalate the matter.

📧3. Send a formal email: Write a detailed email to your HR department or payroll team, specifying your concerns. Include all necessary details like your resignation date, the number of days you worked, and your leave period.

🎗4. Consult with a Labor Law expert: If the company still doesn't respond or refuses to pay, you may need to consult with an employment or labor law expert. In India, the Payment of Wages Act, 1936 governs the payment of wages to certain classes of employed persons.

🔔5. Reach out to Labour Commissioner: If you don't get a satisfactory response, you can approach the office of the Labour Commissioner in your city. They can guide you on the next steps.

Regarding the TDS deduction, as per the Income Tax Act, 1961, employers are bound to deduct TDS if your salary falls into the taxable bracket. If not, you should raise this with your HR department, and if they have wrongly deducted TDS, you can claim a refund when you file your Income Tax Return.

Remember, communication is key 🔑 in these situations. Always keep a record of your conversations and make sure to follow up regularly until your issue is resolved.

From India, Gurugram
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