When deducting the PT from employees salary.Client asks challans? If contractor has not deducted the PT. Who stands responsible principal employer or contractor?
From India, Vadodara
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nathrao
3251

Contractor is responsible for deduction of PT from his contractual employees. Every month the principal employer needs to check the challans for deposit of PT.
From India, Pune
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This is an interesting question. For example, the contractor is located in Bangalore but deploys his staff to work at the principal employer's location, which is in Chennai. In this case, which state's professional tax is applicable to the contractor's employees – whether it will be that of the State of Karnataka or Tamil Nadu.

B. Saikumar
HR & Labour Relations Consultant
Navi Mumbai

From India, Mumbai
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nathrao
3251

Learned Saikumar,
State where employee is working will levy applicable tax.
PT is a local state tax.
Right to levy this tax is given to states through the Clause (2) of Article 276 of India’s constitution.

From India, Pune
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This is true, but in the event of a credit period being applied for payments, how can a contractor deduct PT if payment is being delayed. On the other hand, payments are not being released due to the absence of PT challan. Is this fair on the part of the Principal employer?
From India, Vadodara
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nathrao
3251

@Learned Bijoy

Very true. Your contract with the principal employer should cover the aspect of the period by which monthly bills are to be cleared. Since PT is not a big amount per person, that much of reserve will be required by all contractors.

From India, Pune
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Dear Nathrao,

Greetings.

Thank you for your response. Does it mean that the contractor, based in Bangalore, shall deduct PT and remit it to the Chennai Tax authorities since the contract workers are working in Chennai?

B. Saikumar
Navi Mumbai

From India, Mumbai
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nathrao
3251

Contractor based at Chennai will have to deduct PT as he is paying workers in Chennai. PT amount will necessarily get deposited in Chennai itself. Other learned members may comment on this aspect.
From India, Pune
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Glidor
725

Interstate contracts may be for a short period, not for a full month or longer. If the contract is for a full month or longer, then the contractor has to open a branch in the state of the principal and ensure compliance, as state labor laws are always prominent.

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If the contract is for 312 days and is to supply unskilled/skilled workers through a contractor, and as per the new wages, all salaries, if paid monthly, go above the PT slab. However, if we deduct the same and pay, then it is below minimum wages after the deduction of EPF/ESIC. How can we pay wages as per the Minimum Wages Act as these are not my permanent workers? They keep changing as per requirements and are irregular - working 26 days one month and only 10 days the next. Therefore, in some months, their salary does not cover the PT slab. Is it compulsory for the contractor to pay PT for all, as they are casual labor?
From India, Nagpur
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