Employer Not Paying Salary Or Depositing TDS

Rajesh Bahuguna
Dear Sir,

I worked at a healthcare company for eight months. During that time, my salary was Rs. 60,000/- per month, but after deductions, I received Rs. 54,000/- every month with Rs. 6,000/- being deducted as TDS. I resigned due to unprofessional behavior from my employer and provided one month's notice in a professional manner. When I asked for my salary, he instructed me to collect my cheque within 2 days. However, as of today, the two days have not yet passed, and he is now inaccessible by phone or messaging. I have inquired about the TDS amount twice, and he informed me that I would receive it after filing my IT return in March. However, upon checking in April, it was apparent that he had not deposited the TDS, only doing so in May with an amount of 17,000.

I worked for eight months, which equates to Rs. 48,000, and he has not paid me for one month. Each time I inquire, he provides excuses, claiming financial difficulties, yet he appears to be living a lavish lifestyle, showcasing his travels on social media. I have reached out to the labor office via email twice in the last four months, but we have not received any response. Please advise on the appropriate course of action.

As a Senior Sales Professional, I dedicated 18 hours a day to my work. I am now facing a loss of Rs. 108,000, which I earned through immense hard work.

Thank you for your attention to this matter.

Best Regards,
[Your Name]
HR Mohankumar
Hi Rajesh,

Good evening. I have gone through the case. Please let me know the following:

1. Do you have an appointment order?
2. Is your salary paid by company cheque or by NEFT?
3. Has your boss accepted your resignation either in writing or by email?
4. Pay around $350 to a local tax consultant, provide him with your PAN details, and check how much TDS has been deposited in your PAN.

Please send the above-mentioned details to my email. I will then inform you of the next steps and how to proceed to get it done.
riteshmaity
There are two issues: 1 - non-payment of salary. 2 - TDS. Generally, salary is to be paid within the 7th to 10th of each month. Initially, you can claim your salary in writing from the management along with confirmation regarding TDS. Send it through registered/speed post and keep the acknowledgment. If the company does not respond or denies payment, then you have to approach the appropriate forum for a remedy.
Rajesh Bahuguna
Good morning,

Thank you, sir, for your valuable response. I have received the appointment letter. The salary is always transferred through NEFT. In the past eight months, the salary has never been given on time; it is always transferred between the 22nd to 25th of the next month. I have had to ask for the salary numerous times.

Yes, he has accepted the resignation. In May, he has deducted (TDS) 17000/-.
sangamamol
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