Employer Delays Salaries and Skips TDS Deposits: What Are My Legal Options?

My employer has a habit of delaying salary payments every month. In addition, the employer has not been depositing TDS and, therefore, has not been providing Form-16 for the last three years. Only a tax sheet with the TIN number is provided. What is the legal standing on these two matters?

Payment of Wages Act, 1936

Under The Payment of Wages Act, 1936, the wages of every person employed in any railway, factory, or industrial or other establishment upon or in which less than 1,000 persons are employed shall be paid before the expiry of the 7th day. For any other railway, factory, or industrial or other establishment, wages shall be paid before the expiry of the 10th day.

Regards,
Amit Lingayat

To visit my 'Maverick's HR Euphoria', refer to my profile info.

Dear Cromium, you must verify the tax credit on your PAN at the NSDL website. If it is deposited, you can get the benefit of this tax credit when filing the tax return. If the tax has not yet been deposited, you can lodge a complaint with the Commissioner of Income Tax stating the details of TDS which have not been deposited by the employer on your behalf.

If irregularities are confirmed in filing the eTDS return, the IT Department may impose a penalty.

Regards

If you don't have a PAN card, then your employer can deny you Form 16 because they deducted 20% from your salary and listed your name in the category of non-PAN number holding assessee in their return. You can't get credit for TDS if you don't have the PAN number.