Apni Law Staff asked 3 years ago
I’ve been working as a data entry operator at the Income Tax Department in Amritsar for the past eight years. I’m employed through an unregistered partnership firm that hasn’t deducted ESI or PF, only TDS at 10%. The firm operates as if its employees are actually working for the department. I’m unsure if my service and employment are with the Income Tax Department or the unregistered firm. Is my employment officially with the department, or am I technically employed by the firm?
Best Answer
Apni Law Staff answered 3 years ago
Based on Indian law, your employment is legally with the unregistered partnership firm, despite the firm’s arrangement with the Income Tax Department. You are not directly employed by the department. The firm’s failure to deduct ESI and PF may raise further legal complexities and you should seek professional advice on your employment status and rights.
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