Tds in manpower supply reducing wage payments

Labour & Industrial 735 views 2 replies

I have entered into a contract with an agency to supply manpower to me. The agency charges me "minimum wages + ESI + EPF + Service Tax+His Services charges".

However when I apply TDS @ 2% while releasing the payments to the agency, the effective payments become 98% of "minimum wages + ESI + EPF + Service Tax+His Services charges". However, in such a situation, the effective payments become less than "minimum wages + ESI + EPF+Service Tax", making the total payments violative of the "minimum wages+ESI+EPF+Service Tax".

Kindly advise whether I can do the TDS? If I have to do TDS, do I have to ensure that Agency's service charges are such that even after TDS @ 2% the effective payments are greater than "minimum wages+ESI+EPF+Service Tax", thus permitting the agency to realise some service charge greater than zero. It is also understood that a zero service charge to the agency would make the contract invalid.

It is also to mention that the contract had been finalised after due tendering. Hence, what should I mention in the tender document to implement the desirable provisions.

Replies (2)
no need to worry.
tds is also part of payment and provider can claim it as prescribed so provider should pay full wages as applicable or as per rules or regulations.

Does this imply that the reduction in amount below the minimum wages due to the effect of TDS being deducted by me from the bills of the manpower supplier agency, will be paid to the manpower by the manpower supplier agency from his own pocket? Why will he incur a loss in business?


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