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Manas (execuitve)     05 September 2011

Contract on bond

Dear Experts,

I have been retained by a Consultancy agency , say ABC , on the terms that I have to work as a trainee ( first 6 months) and as a consultant ( for 1 year). They have given me a salary of say 20000.00 per month. Then I was put into a third company say WXYZ where I am giving my services. My notice period is 3 months. I have to enter into a "Service Agreement cum Surety Bond" in Rs. 250/- stamp paper and gave a bond of Rs. 150000/- for a period of 1 year after completion of training for 6 months. All my original certifcate are held by the co. ABC.

But when I got the payslip, I noticed that Income tax of 10% has been deducted for TDS on Professional Services. Later I recieved Form 16A also for TDS on Professional Services.

Now my question is :

  • Am I an employee of ABC or an outside consultant? What law says-
  • If I am outside consultant, still should I abide the Surety Bond?
  • As an outside consultant should I have to give notice period?

Can you please give me your useful tips.

Thanks & Best Regards

Manas Kundu



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