Does contractual obligation hold if was not paid salary by employer?
2 years ago
I left my job due to the non-payment of remuneration promised in the contract. Now employer has sent me a legal notice demanding money/salary of 1 year stating contractual obligations.
Should I reply to the legal notice?
Sidhaarth
Responded 2 years ago
A.Details are required to be examined. However, contractual obligations remain in force even if salary was not paid by employer. You have to act in accordance with law. Under the given circumstances ypu have no other option but to sent reply to the notice sent by employer.
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A.Dear client,
Before giving any advice, it is necessary to go through the terms and conditions of your contract.
If there is any such clause which full fills about your paying any compensation while leaving the job, it will effect you .
But, before that kindly show the contract to an advocate, who will see how far the contract is valid and will also help you back to reply with the same.
Thank you
Before giving any advice, it is necessary to go through the terms and conditions of your contract.
If there is any such clause which full fills about your paying any compensation while leaving the job, it will effect you .
But, before that kindly show the contract to an advocate, who will see how far the contract is valid and will also help you back to reply with the same.
Thank you
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A.Dear Sir,
You have to get issue fitting reply on the basis of following law.
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Fertiliser and Chemical Travancore Pvt. Ltd v. Ajay Kumar and Others
Three trainees were selected by the employer who signed a bond stating that they would obtain two years of training in the company and after the training they will put in at least five years of service in the company. In the event of breach of this condition Rs. 10,000 was to be paid as reasonable amount of compensation for the damages to be likely incurred by the employer. The trainee resigned after five months of training. The High Court of Kerala held in this case that though the candidates were selected for training and not for permanent service, it still involved a lot of time, energy and expenses of the employer. The employer will surely suffer loss when a trainee breaks the condition of bond and walks off. The employer is derived of the expected service of a competent person. Breach of bond by the trainee is aspect entailing damages to the employer. Only the quantum of damages needs to be decided.
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You have to get issue fitting reply on the basis of following law.
---------------------------------------------------------------------------------------
Fertiliser and Chemical Travancore Pvt. Ltd v. Ajay Kumar and Others
Three trainees were selected by the employer who signed a bond stating that they would obtain two years of training in the company and after the training they will put in at least five years of service in the company. In the event of breach of this condition Rs. 10,000 was to be paid as reasonable amount of compensation for the damages to be likely incurred by the employer. The trainee resigned after five months of training. The High Court of Kerala held in this case that though the candidates were selected for training and not for permanent service, it still involved a lot of time, energy and expenses of the employer. The employer will surely suffer loss when a trainee breaks the condition of bond and walks off. The employer is derived of the expected service of a competent person. Breach of bond by the trainee is aspect entailing damages to the employer. Only the quantum of damages needs to be decided.
Rate me Five Star*
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Ayantika Mondal @ Prime Legal
Responded 2 years ago
A.Hello Ma'am/Sir.
First it would be suggested to get your service agreement examined by a lawyer and check are you laible to pay any money or not. Better understanding could be given after reading the agreement. After that you could reply to that Legal notice via a lawyer.
Thanks
If you find this advice helpful please rate.
First it would be suggested to get your service agreement examined by a lawyer and check are you laible to pay any money or not. Better understanding could be given after reading the agreement. After that you could reply to that Legal notice via a lawyer.
Thanks
If you find this advice helpful please rate.
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A.Hello Sir/Ma'am
It completely wrong on the part of employer to demand money from you. It would be suggested to contact a lawyer and get your service agreement and analysed by him and check whether as per that you are liable to pay any money or not. If not then he would draft a reply to the legal notice sent by them.
Thanks
Please rate if you find this advice helpful.
It completely wrong on the part of employer to demand money from you. It would be suggested to contact a lawyer and get your service agreement and analysed by him and check whether as per that you are liable to pay any money or not. If not then he would draft a reply to the legal notice sent by them.
Thanks
Please rate if you find this advice helpful.
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Lucem Leg
Responded 2 years ago
A.Dear Sir/Mam,
At the time of joining the employment, if you have signed the contract with them, then, kindly go through the concerned contract or agreement, as if there it is mentioned in respect of the termination, you have to pay some amount of money to the company, then you will have to pay it. You can send a reply to the said legal notice but after going through the agreement or contract.
Kindly rate the response if you like.
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