Employer not paying compensation Employer not paying compensation

6 months ago

I was hired as digital media manager for a local eyeglass company. I worked there for 4 days in total and the whole time the owner was rude to me, insulted me and and didn't appreciate my work. There was no contract signed, so I resigned and asked compensation for the 4 days. Now the owner has messaged me that I owe them 8500 rs for using their computer and Electricity and said to return the money in 15 days. Please advice what should I do

Anik

Responded 6 months ago

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A.Dear Client,

Since there was no signed contract, it might be difficult for the employer to legally enforce the demand for compensation. If you worked for four days, you may be entitled to compensation for those days under labor laws in India. It's important to have records of your work hours and tasks performed during those days. The claim for reimbursement of computer and electricity costs may be disputed. If there was no prior agreement regarding these expenses, it could be challenging for the employer to demand payment for them after the fact. Keep records of all communication with your former employer, including any text messages or emails regarding the demand for payment or any agreements made.
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Vidhi Samaadhaan Vidhi Samaadhaan

Legal Counsel Vidhikarya

Responded 6 months ago

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A.Dear Client,
In the absence of any contract of employment, the Company cannot ask for an absurd and unreasonable claim from an ex-employee having legal enforceability. Instead, you can file a civil suit for recovery of dues from the Company for the days of your engagement and service rendered for the Company. . Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. Serve a legal notice in response to their message and watch their reactions and take legal action accordingly.
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Vidhi Samaadhaan Vidhi Samaadhaan

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