recovery after one year
1 month ago
After one year I got an email from my previous company, they are saying Further to your exit, your final settlement calculations indicate that you are liable to pay Rs. xxxx. In case you need any explanation of the calculations, you can write mail. Request you to arrange for payment of this amount at the earliest.
what should I do now?
A.Dear Client,
Section 73 of the Contract Act, 1872 makes provision for un-liquidated damages (not stipulated in a contract), and Section 74 of the said Act deals with liquidated damages (stipulated in a contract) 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 employer and accordingly, an employer cannot claim the damage from an ex-employee even through litigation. So, in the given scenario, you should ask the company to let you know the ground behind their claim and on receipt of their response, plan your next course of action in consultation with a Lawyer handling service matters.
Section 73 of the Contract Act, 1872 makes provision for un-liquidated damages (not stipulated in a contract), and Section 74 of the said Act deals with liquidated damages (stipulated in a contract) 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 employer and accordingly, an employer cannot claim the damage from an ex-employee even through litigation. So, in the given scenario, you should ask the company to let you know the ground behind their claim and on receipt of their response, plan your next course of action in consultation with a Lawyer handling service matters.
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A.Dear client, ask the employer to specify why you have to pay the said amount. Give them the explanation with evidence from your side. If the issue isn't resolved doing injustice to you, you can file a complaint on the company.
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A.Dear Sir,
It goes on the formula “nobody can enrich at the cost of another”. Thus, if you are really got more amount then you have to refund the same but you need not refund the same until they approach a Court of Law then you can take your own defence. Be informed that corporates never approached Civil Courts which assumed lot of time and money.
It goes on the formula “nobody can enrich at the cost of another”. Thus, if you are really got more amount then you have to refund the same but you need not refund the same until they approach a Court of Law then you can take your own defence. Be informed that corporates never approached Civil Courts which assumed lot of time and money.
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