Hi All,
This is regarding an employement contract signed by Wife along with me in her organization. There were few terms and conditions. But later the company is not providing the salary on time.Every month after 20th only will get the previous month salary and the timings also was horrible.She has to work 9am-6.30pm(9.5 hours) in day. This makes her complete stress and could not manage with family.So she decided to quit and submitted the resignation.But she had a discussion with the director and agreed for some conditions again.But after a week also they have not sent the revised conditions(Reduced half an hour).After this She decided to quit and from March 21st she didnot got to office at all.And now the director sent a mail saying that if u dont report this week they are going for a legal action.Is really the legal action can take?
Their conditions were like; Its 2 year contract, And every month there is deduction of Rs 2500/-.And notice period is 3 months.in that 2 months without pay and 1 month with pay.If u leave beofore the contract period u will not get the deducted amount.And there were no PF also.
Can anyone check this scenario and pls advise me how we should react if they sent a summons/notice???
Thanks in advance
From United States, Itasca
This is regarding an employement contract signed by Wife along with me in her organization. There were few terms and conditions. But later the company is not providing the salary on time.Every month after 20th only will get the previous month salary and the timings also was horrible.She has to work 9am-6.30pm(9.5 hours) in day. This makes her complete stress and could not manage with family.So she decided to quit and submitted the resignation.But she had a discussion with the director and agreed for some conditions again.But after a week also they have not sent the revised conditions(Reduced half an hour).After this She decided to quit and from March 21st she didnot got to office at all.And now the director sent a mail saying that if u dont report this week they are going for a legal action.Is really the legal action can take?
Their conditions were like; Its 2 year contract, And every month there is deduction of Rs 2500/-.And notice period is 3 months.in that 2 months without pay and 1 month with pay.If u leave beofore the contract period u will not get the deducted amount.And there were no PF also.
Can anyone check this scenario and pls advise me how we should react if they sent a summons/notice???
Thanks in advance
From United States, Itasca
Dear Member
# Check the legality of the said "agreement"- the company seems charlatan and this seems the case of "fraud in the factum"
# Give one more written communication (registered post) to employer mentioning of "incapability to continue with work due to mental torture and physical overburden resulting in ill health"
#You need to generate and maintain the documents about your intention to quit and management's offer to modify
# Let the financial adjustment be as per "terms' of the contract
# You need not to worry much, he is bullying and cannot harm if you take tough stand
# The precedence of court says "If a breach of a term of contract permits a party to the contract to not to perform the contract. The burden is squarely on that party which complains of breach to prove that the breach has been committed by the other party to the contract. The test in such a situation would be who would fail if no evidence is led."
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
300# Check the legality of the said "agreement"- the company seems charlatan and this seems the case of "fraud in the factum"
# Give one more written communication (registered post) to employer mentioning of "incapability to continue with work due to mental torture and physical overburden resulting in ill health"
#You need to generate and maintain the documents about your intention to quit and management's offer to modify
# Let the financial adjustment be as per "terms' of the contract
# You need not to worry much, he is bullying and cannot harm if you take tough stand
# The precedence of court says "If a breach of a term of contract permits a party to the contract to not to perform the contract. The burden is squarely on that party which complains of breach to prove that the breach has been committed by the other party to the contract. The test in such a situation would be who would fail if no evidence is led."
Regards
Shailesh Parikh
Vadodara, Gujarat
99 98 97 10 65
From India, Mumbai
First of clarify as to where are you located? You stated your wife along with you has signed the agreement. Where is this US Itasca? Was there any appointment letter and what were the terms & conditions? Is there violation thereof? Did u understand the terms of the agreement & signed or was there any force or blackmailing?
In any case, if this company is in India and the situation explained is real, please complain to the Labour authorities and discuss the case with a labour law consultant. One thing is clear; any agreement in violation of the constitutional & fundamental rights of the citizen of India is illegal, null and void. The Advocate shall guide u. Such treatment by any employer and the agreement itself is illegal. Take proper advice. Best of Luck.
From India, Mumbai
In any case, if this company is in India and the situation explained is real, please complain to the Labour authorities and discuss the case with a labour law consultant. One thing is clear; any agreement in violation of the constitutional & fundamental rights of the citizen of India is illegal, null and void. The Advocate shall guide u. Such treatment by any employer and the agreement itself is illegal. Take proper advice. Best of Luck.
From India, Mumbai
The agreement is one sided and exploitive and there is a very high chance that it will be thrown out of the court. However, fighting in the court has a high cost,
The actions you take will depend on various facts.
Like, is she under a contract like a consultant or an employee under a fixed term employment
Does she come Under the definition of workman.
I do not think the employer will be ready to actually take the matter to court. So that would not really be a problem. Someone who has not paid salary on time can not take a risk of going to court on it.
One way is to ignore the matter and forget the amount that is due to her.
You probably make enough money not to worry about 2 months of her salary. The chances of getting it is low anyway. Forget and focus on moving to a good company
Or you can give a reply to the mail telling him why he should be worried about you going to court and that he should, stop harassing you and instead pay the remaining salary.
The second option is to go,to,the labour officer and complain to him and see of he can / will be willing to help. If he can, then a notice from him to the company asking for settlement if the salary and previously deducted amount will be the first step.
From India, Mumbai
The actions you take will depend on various facts.
Like, is she under a contract like a consultant or an employee under a fixed term employment
Does she come Under the definition of workman.
I do not think the employer will be ready to actually take the matter to court. So that would not really be a problem. Someone who has not paid salary on time can not take a risk of going to court on it.
One way is to ignore the matter and forget the amount that is due to her.
You probably make enough money not to worry about 2 months of her salary. The chances of getting it is low anyway. Forget and focus on moving to a good company
Or you can give a reply to the mail telling him why he should be worried about you going to court and that he should, stop harassing you and instead pay the remaining salary.
The second option is to go,to,the labour officer and complain to him and see of he can / will be willing to help. If he can, then a notice from him to the company asking for settlement if the salary and previously deducted amount will be the first step.
From India, Mumbai
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