Hi Members,
I am working for a company based in New Delhi. I am receiving an in-hand salary of Rs 19,000 (INR) monthly. I know that it is a mandatory and statutory requirement for every organization to issue a salary slip to the employee. The Director-HR of the company is not issuing any salary slip to us. Whenever I try to contact him, he says the salary will be directly credited to my salary account. When I ask him for salary bifurcation, he insists it is a consolidated salary. Please suggest what to do. I am facing a lot of problems during interviews because I cannot produce a salary slip, and I do not want to present fabricated salary slips to other HR personnel.
Please share your valuable suggestions.
From India, Madras
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I am working for a company based in New Delhi. I am receiving an in-hand salary of Rs 19,000 (INR) monthly. I know that it is a mandatory and statutory requirement for every organization to issue a salary slip to the employee. The Director-HR of the company is not issuing any salary slip to us. Whenever I try to contact him, he says the salary will be directly credited to my salary account. When I ask him for salary bifurcation, he insists it is a consolidated salary. Please suggest what to do. I am facing a lot of problems during interviews because I cannot produce a salary slip, and I do not want to present fabricated salary slips to other HR personnel.
Please share your valuable suggestions.
From India, Madras
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Dear,
The only Act which has the provision for the issuance of wage slips to employees is The Minimum Wages Act, 1948. If the unit is covered under this Act, then the wage slips are required to be issued to its employees a day prior to the disbursement of wages.
Now, coming to the point of the definition of an employee. According to section 2(i) of this act, 'employee' means any person who is employed for hire or reward to do any work skilled or unskilled, manual or clerical in a scheduled employment in respect of which minimum rates of wages have been fixed; and ----------. You have not mentioned your designation, and thus, it may be possible that you may not be covered under this definition. At the time of the interview, you may produce the offer/appointment letter of the unit and the bank statement. If the slips are not disbursed under the proviso of this Act, the employees may make a complaint to the area State labor office, i.e., the law-enforcing agency.
Opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labor Law & Legal Consultants)
09810405361
From India, Delhi
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424The only Act which has the provision for the issuance of wage slips to employees is The Minimum Wages Act, 1948. If the unit is covered under this Act, then the wage slips are required to be issued to its employees a day prior to the disbursement of wages.
Now, coming to the point of the definition of an employee. According to section 2(i) of this act, 'employee' means any person who is employed for hire or reward to do any work skilled or unskilled, manual or clerical in a scheduled employment in respect of which minimum rates of wages have been fixed; and ----------. You have not mentioned your designation, and thus, it may be possible that you may not be covered under this definition. At the time of the interview, you may produce the offer/appointment letter of the unit and the bank statement. If the slips are not disbursed under the proviso of this Act, the employees may make a complaint to the area State labor office, i.e., the law-enforcing agency.
Opinion submitted as requested.
Regards,
R.N.Khola
Skylark Associates, Gurgaon (Haryana)
(Labor Law & Legal Consultants)
09810405361
From India, Delhi
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Mr Khola, Thankyou very much for your prompt reply. Sir i am working as a Instructional Designer for a company which provide educational services to K-12 domain.
From India, Madras
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From India, Madras
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Dear,
First of all, let me know if there is any letter given by the company to you. If yes, does it mention in the letter that you will be on a consolidated salary per month of Rs. 19,000? How much is your net take-home salary then? Are they deducting PF, P Tax, ESIC, LWF, or any other deductions? You will know this from your net take-home salary. Please let me know this. I will try to help you out.
Thanks,
Vinod
Admin/HR
From India, Pune
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First of all, let me know if there is any letter given by the company to you. If yes, does it mention in the letter that you will be on a consolidated salary per month of Rs. 19,000? How much is your net take-home salary then? Are they deducting PF, P Tax, ESIC, LWF, or any other deductions? You will know this from your net take-home salary. Please let me know this. I will try to help you out.
Thanks,
Vinod
Admin/HR
From India, Pune
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Dear,
What does your Form 16 say? If you have been working since before 31st March 2009, were any taxes deducted? Have they shown some allowances under tax exemptions?
If your monthly salary is being credited to your account, there is no need to worry. You have sufficient proof; you only need to inquire about the salary details from your HR department.
If you do not receive a satisfactory response, you can file a complaint against the HR personnel with your top management for not providing details of your monthly salary. If you still do not get an answer, attach your bank statement and send it to your nearest labor office by registered post, addressing it to your company.
However, why do you need these details if they are not deducting extra taxes, etc.? Before proceeding to the labor office to file your complaint, please also consider your career.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
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What does your Form 16 say? If you have been working since before 31st March 2009, were any taxes deducted? Have they shown some allowances under tax exemptions?
If your monthly salary is being credited to your account, there is no need to worry. You have sufficient proof; you only need to inquire about the salary details from your HR department.
If you do not receive a satisfactory response, you can file a complaint against the HR personnel with your top management for not providing details of your monthly salary. If you still do not get an answer, attach your bank statement and send it to your nearest labor office by registered post, addressing it to your company.
However, why do you need these details if they are not deducting extra taxes, etc.? Before proceeding to the labor office to file your complaint, please also consider your career.
Best Regards,
Sajid Ansari - Delhi
From India, Delhi
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Dear Mr. Bedi,
I have the same situation as you. I am getting a salary of around INR 55,000.00 with no salary slip but a deduction of TDS. I have been with the company for the past 9 years as an Assistant Manager, a professional consultant rather than an employee. I receive a TDS certificate for every financial year.
Is there any similar deduction with your salary? If yes, then you are also a consultant rather than an employee. I don't think it will create any uncomfortable situation for our future careers. After all, our work experience is in the same field, and the type of remuneration should not matter. We can present our tax certificates to declare our current package.
Regards,
Tribhuwan Bhainsora
From India, Delhi
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I have the same situation as you. I am getting a salary of around INR 55,000.00 with no salary slip but a deduction of TDS. I have been with the company for the past 9 years as an Assistant Manager, a professional consultant rather than an employee. I receive a TDS certificate for every financial year.
Is there any similar deduction with your salary? If yes, then you are also a consultant rather than an employee. I don't think it will create any uncomfortable situation for our future careers. After all, our work experience is in the same field, and the type of remuneration should not matter. We can present our tax certificates to declare our current package.
Regards,
Tribhuwan Bhainsora
From India, Delhi
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Dear All The same issue - Corporate Governance. Small, family-run companies still function in an archaic fashion, flouting all corporate norms. I have seen such cases time and again. Regards.
From India, Delhi
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From India, Delhi
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Hi,
I have a similar situation. I am working as a Manager in the company where my spouse is the director. I am getting a salary of INR 52,000 as cash with no breakup and no deductions. I am also not in the accounting books of the company as the salary given to me is utilized back in business expenses. Now, I want to move to another company; how do I justify the same?
Regards,
JIA
From India, Jaipur
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I have a similar situation. I am working as a Manager in the company where my spouse is the director. I am getting a salary of INR 52,000 as cash with no breakup and no deductions. I am also not in the accounting books of the company as the salary given to me is utilized back in business expenses. Now, I want to move to another company; how do I justify the same?
Regards,
JIA
From India, Jaipur
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Salary slip final.xls
Salary slip.doc