Yaasmin,
the matter is little complicated because if you go for legal options then the onus lies with the employee to prove that he worked as a regular employee. As you guys have no document (employment contract) to prove that the task become more tough.
Suppose on paper (for audit purpose) the employer has shown yr husband as a consultant/professional (retainership) then deduction of TDS (10%) is a must and the employer is bound to give Form 16A at the end of the financial year. If there is no deduction of TDS then again its an offence on the part of the employer.
It seems the employer is doing wrong on all fronts.
Ask your husband to write a letter (wit registered post) to the owner of company with details of the statutory obligations of the employers and his eligibility for the same. Wait for the reply for around 15 days and then consults us.
regards
the matter is little complicated because if you go for legal options then the onus lies with the employee to prove that he worked as a regular employee. As you guys have no document (employment contract) to prove that the task become more tough.
Suppose on paper (for audit purpose) the employer has shown yr husband as a consultant/professional (retainership) then deduction of TDS (10%) is a must and the employer is bound to give Form 16A at the end of the financial year. If there is no deduction of TDS then again its an offence on the part of the employer.
It seems the employer is doing wrong on all fronts.
Ask your husband to write a letter (wit registered post) to the owner of company with details of the statutory obligations of the employers and his eligibility for the same. Wait for the reply for around 15 days and then consults us.
regards