What if employer refuses to pay statutory deductions?
Dear Career Advisor,
I read your article in the Jamaica Observer dated May 5, 2019 about statuory deductions and I have a further question. What can an employee do if the employer refuses to pay statutory deductions? The labour officers in the parish where I work are aware that the employer is not making any payments.
My understanding is that it is a requirement by law for employers to do so, but it appears that the Government is not concerned about employees who are working for a number of years and do not have any benefits like NHT or NIS to look forward to.
Awaiting your response.
Paula
Dear Paula,
As was indicated previously, an employer is liable to penalties for failure to pay over statutory deductions. In light of the fact that your benefits from the entities named will be compromised, we suggest that you explore the following options:
• Write to the manager of the Tax Administration Jamaica office in your locale. Whereas the officers may have knowledge of the compliance failure, the manager might not.
• Bring the matter to the attention of the Tax Policy Unit of Ministry of Finance and the Public Service.
• If the above fail to yield the desired outcome, seek legal advice.
Trusting the matter will be favourably resolved in your interest.
Sincerely,
Career Advisor
Carolyn Marie Smith is associate vice-president of student services at Northern Caribbean University in Manchester. Submit your questions to her at careeradvisor@ncu.edu.jm
