Employment Act 1968 · 2020 Revised Edition · Part 3 · Payment of Salary
24. Income tax clearance
Feedback & supportLast amended by an amending law of 2008.
Despite sections 22 and 23, no payment of salary or any other sum due to an employee on termination of service is to be made to the employee by the employer without the permission of the Comptroller of Income Tax under section 68(7) of the Income Tax Act 1947.
salary
“salary” means all remuneration including allowances payable to an employee in respect of work done under his or her contract of service, but does not include —(a)the value of any house accommodation, supply of electricity, water, medical attendance, or other amenity, or of any service excluded by general or special order of the Minister published in the Gazette;(b)any contribution paid by the employer on his or her own account to any pension fund or provident fund;(c)any travelling allowance or the value of any travelling concession;(d)any sum paid to the employee to reimburse him or her for special expenses incurred by him or her in the course of his or her employment;(e)any gratuity payable on discharge or retirement; and(f)any retrenchment benefit payable on retrenchment;
The employer must immediately give notice of the termination of service to the Comptroller of Income Tax and the payment of the salary or other sum due to the employee must not be delayed more than 30 days after the notice has been given to and received by the Comptroller of Income Tax.
employer
“employer” means any person who employs another person under a contract of service and includes —(a)the Government in respect of such categories, classes or descriptions of officers or employees of the Government as are declared by the President to be employees for the purposes of this Act;(b)any statutory authority;(c)the duly authorised agent or manager of the employer; and(d)the person who owns or is carrying on or for the time being responsible for the management of the profession, business, trade or work in which the employee is engaged;