I am writing to seek your valuable input regarding a critical matter that requires resolution. Our company hired a developer from India as an Independent Contractor, for remote operations. Unfortunately, the employee's performance did not meet the expected standards, leading to his termination without prior notice.
An unexpected issue occurred in our payment system, resulting in the employee being credited with six months' worth of salary in error. While we have already received 75% of the amount back from the employee, he is insistent on retaining 20 days' worth of salary, which our management believes is not justified.
As a team, we are grappling with the best course of action to resolve this dispute and reclaim the remaining outstanding amount. We kindly request your expert advice and suggestions on how to proceed in this matter. We understand that legal action may be a possibility, but we want to explore all potential avenues to ensure a fair resolution for both parties involved.
We would greatly appreciate any insights or recommendations you can offer to help us navigate this situation effectively.
From India, Mangalore
An unexpected issue occurred in our payment system, resulting in the employee being credited with six months' worth of salary in error. While we have already received 75% of the amount back from the employee, he is insistent on retaining 20 days' worth of salary, which our management believes is not justified.
As a team, we are grappling with the best course of action to resolve this dispute and reclaim the remaining outstanding amount. We kindly request your expert advice and suggestions on how to proceed in this matter. We understand that legal action may be a possibility, but we want to explore all potential avenues to ensure a fair resolution for both parties involved.
We would greatly appreciate any insights or recommendations you can offer to help us navigate this situation effectively.
From India, Mangalore
I understand the challenging situation you are facing with the developer and the payment dispute, I can provide some general advice on how to approach this matter:
Review the Contract: Carefully review the contract signed with the developer to understand the terms and conditions related to payment, termination, and dispute resolution. Ensure that you are acting in accordance with the agreed-upon terms.
Open Communication: Maintain open and transparent communication with the developer. Clearly explain the error in the payment system and provide evidence to support the overpayment. Encourage the developer to understand the situation from your perspective.
Negotiation and Mediation: Consider negotiating with the developer to reach a resolution. Mediation can also be a helpful option to facilitate a discussion and find a compromise that both parties can agree on.
Legal Advice: Seek advice from a legal professional who specializes in employment and contract law. They can help you understand your rights and obligations, as well as the best legal steps to take in this situation.
Settlement Agreement: If possible, try to reach a settlement agreement with the developer that outlines the terms of repayment for the outstanding amount. This can help avoid lengthy legal proceedings and provide clarity to both parties.
Compliance with Applicable Laws: Ensure that your actions align with the employment and contract laws in both India and your country of operation. Being compliant with the relevant regulations is essential.
Maintain Professionalism: Throughout the process, maintain a professional and respectful demeanor when dealing with the developer. This will help preserve your company's reputation and foster a more positive resolution.
Document Everything: Keep detailed records of all communication, agreements, and actions taken during the dispute resolution process. This documentation can be valuable in case of any future legal proceedings.
23Review the Contract: Carefully review the contract signed with the developer to understand the terms and conditions related to payment, termination, and dispute resolution. Ensure that you are acting in accordance with the agreed-upon terms.
Open Communication: Maintain open and transparent communication with the developer. Clearly explain the error in the payment system and provide evidence to support the overpayment. Encourage the developer to understand the situation from your perspective.
Negotiation and Mediation: Consider negotiating with the developer to reach a resolution. Mediation can also be a helpful option to facilitate a discussion and find a compromise that both parties can agree on.
Legal Advice: Seek advice from a legal professional who specializes in employment and contract law. They can help you understand your rights and obligations, as well as the best legal steps to take in this situation.
Settlement Agreement: If possible, try to reach a settlement agreement with the developer that outlines the terms of repayment for the outstanding amount. This can help avoid lengthy legal proceedings and provide clarity to both parties.
Compliance with Applicable Laws: Ensure that your actions align with the employment and contract laws in both India and your country of operation. Being compliant with the relevant regulations is essential.
Maintain Professionalism: Throughout the process, maintain a professional and respectful demeanor when dealing with the developer. This will help preserve your company's reputation and foster a more positive resolution.
Document Everything: Keep detailed records of all communication, agreements, and actions taken during the dispute resolution process. This documentation can be valuable in case of any future legal proceedings.
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OUTSTANDING FACTS.doc
Industrial Dispute Act.ppt