Contract employment - I have submitted my resignation
1 year ago
Dear Sir/Madam,
I work for a company on contract basis i.e as a consultant. I have submitted my resignation here, but the employer says the following:
a. To complete all the works assigned to me(I am assigned works of another employee who resigned here and the works are out of my purview)
b. To find a suitable replacement before I leave.
c. I am in deemed employment as per my Employer.
I want to highlight the following points:
a. I used to raise monthly invoice without mentioning any reference to contract/agreement and I received my salary/consultancy charges on monthly basis based on orally agreed terms.
b. I have no written agreement with the company as the same was not executed because of various reasons.
c. The company has shared with me draft agreement without my name and salary/consultancy charges before joining but contains the notice period of 60 days.
d. Immediately after 1 month of my joining in the company I met with an accident and I have been working from home and employer paid my salary/consultancy charges during this period.
e. I have served 15 days notice to the employer and asked for relieving on 15th day of intimation of resignation.
My questions:
a. Can an employer force me to find a replacement?
b. Can they recover my consultancy charges as they have paid without any agreement?
c. Can they sue me in court of law?
d. What if I leave the company after 15 days of serving notice period without any intimation?
Request all the experts in Labour laws to help me out.
a. An employer can ask the employee to train the replacement but not to find one.
b. If you had a witness present or any other evidence regarding it then they cannot.
c. They can sue you but you can contest it in the court
d. If you leave the company then you won’t get the relieving certificate and may have to pay some amount if mentioned in the employment agreement.
Anonymous
Replied 1 year ago
Dear Sir,
Thanks for the response.
Sir, I have not signed any contractual agreement between me and Employer, hence no question of witness. They are depositing my consultancy charges directly into bank account and not in cash, the credit transaction reflects the name of the company.
Will they still be able to recover any amount as there is no signed contract, if I leave the company after serving 15 days notice period?
My answer as follows:
a. Can an employer force me to find a replacement?
Ans. No
b. Can they recover my consultancy charges as they have paid without any agreement?
Ans. No
c. Can they sue me in court of law?
Ans. Yes, but it may be dismissed.
d. What if I leave the company after 15 days of serving notice period without any intimation?
Ans. They may may not pay your arrears of salary if any.
My answer as follows:
a. Can an employer force me to find a replacement?
Ans. No
b. Can they recover my consultancy charges as they have paid without any agreement?
Ans. No
c. Can they sue me in court of law?
Ans. Yes, but it may be dismissed.
d. What if I leave the company after 15 days of serving notice period without any intimation?
Ans. They may may not pay your arrears of salary if any.
My Answers are as follows:
a. Can an employer force me to find a replacement?
Ans. No
b. Can they recover my consultancy charges as they have paid without any agreement?
Ans. No
c. Can they sue me in court of law?
Ans. They can but such suit may be dismissed, ultimately
d. What if I leave the company after 15 days of serving notice period without any intimation?
Ans. Your arrears of salary if any may not be given to you by your employer.
Dual employment
Tamilnadu government MRB recruitment for doctors Assistant Surgeon
Agent not telling where my passport is
EPF
Not served the full notice period
