Employee Contract - Reg
1 month ago
I have signed the contract in the month of January and that contract is for 3 months and it is a trainer based role in Tamilnadu I have worked for around 2 weeks.After that I have informed the C O O of the company stating about the illness of my grandmother through a phone call and she said we can close or contract through the phone call And after a month I have submitted my invoice for the travel allowances and my salary.
Then she replied with this
“n light of the agreement terms and your actions, several points need addressing:
Performance and Reporting Obligations: According to the agreement, your performance and adherence to company policies directly influence your compensation. The lack of completed work and updates before your absence, as discovered by our team, contravenes these terms.
Advance Payment Accountability: The INR 12,000 advanced to you for purchasing stationery, for which receipts have not been provided, is another concern. This lack of accountability affects mutual trust and company finances.
Property and Information Security: You possess company property and sensitive documents yet to be returned. This is in direct violation of the contract clauses concerning company property and confidentiality.
Given these factors, the invoice submitted cannot be processed as claimed. Moreover, your actions have compelled us to recruit additional trainers under pressure, incurring unexpected expenses and stress.
We request an immediate clarification on the following:
Detailed justification for the claimed invoice amounts, especially in light of your uncompleted duties.
A timeline for the return of company property and any outstanding work or information.
Receipts for the advanced amount of INR 12,000.
Furthermore, considering the breach of agreement terms, we must discuss potential financial liabilities on your part towards the company for damages incurred due to your absence and non-compliance.”
Here, I have bill for 12,000 rupees for the advance amount and i don’t ave any properties of company.
Could someone help me to claim my invoice?
The breach of any terms and conditions of any contract makes the defaulter liable to face legal consequences from the other party. But, a discriminatory or mala fide action of the employer, can be challenged by invoking Section 27 of the Indian Contract Act, 1872 which prohibits any agreement in restraint of trade and profession. The law states that an agreement or contract of employment will be illegal only if it restrains someone from exercising a lawful profession/ trade/ business. As per the mandate of Section 27, any terms and conditions of an agreement that directly or indirectly compels the employee to serve the employer or puts a restriction on them joining the competitor or other employer is not valid. In the case where the employer is able to prove that the employee is joining the competitor to disclose the trade secret then the court may issue an injunction order restricting the employee from joining the competitor. Further, Section 73 of the Contract Act, 1872 makes provision for unliquidated damages. Section 74 of the Act deals with liquidated damages and no compensation is attracted for mere breach of contract u/s.73. or 74 of the Act unless such breach resulted in an actual loss or damage to the opposite party employer. So, you have to file a civil suit against the Company before the Civil Court seeking appropriate relief. Reach out to an Advocate for guidance and steps.
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