I run my own hiring company. We were approached by a company manager to hire a few frontline salespersons for them. We sent the terms and conditions via email and received his acceptance, after which we started sending candidates. Four were selected and hired. Now, when we sent the hard copy of the same terms and conditions along with the invoice, the Managing Director refuses to pay the percentage that was previously accepted by her manager. She said she will only pay half of it. What can I do in this case? Can someone please help?
From India, Delhi
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3From India, Delhi
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Ms. Simi, As u have got their acceptance which means u & concern firm have been entered into a agreement. Thus, u have right to approach law regarding the same FYI pl.
From India
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From India
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You can walk directly to the local court by submitting an application followed by a filled complaint form named "Complaint Form - Breach of Contract," which you can download from the internet. After fulfilling your respective duties, you can file a case with the help of a public lawyer. Remember, hire a public lawyer instead of a private one.
Hope the above information will help you initiate the necessary steps.
Regards.
From India
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Hope the above information will help you initiate the necessary steps.
Regards.
From India
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Well, I do not agree with Mr. Hitesh Arora.
And Simi, how can you conduct business based on an EMAIL ACCEPTANCE or without having any proper Agreement/Acceptance of Proposal in physical form with them? This is not the right procedure and work style to run any business. You need to adopt a proper system if you still do not have one.
Now, I want to let you know that you cannot treat their EMAIL acceptance as an AGREEMENT with you. Though this can be counted as only CONSENT, not an agreement, which has a unique power and dignity and a different meaning in a legal perspective. I understand your concern, but if you never had any paperwork with them, you cannot take legal action against them.
Second, I would suggest you visit them and try to negotiate and convince them with a humble gesture, and this can only work for you.
@Mr. Harish, can you please let me know about any case where one has taken legal action against anyone on the basis of an EMAIL Acceptance? I would be really grateful to you. Because there are a number of people accepting email offers and refusing, and if people started taking action just based on Email acceptance, then we all can imagine how much pressure is going to increase on the LEGAL SYSTEM and how much TIME is going to be wasted...
From India, Gurgaon
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And Simi, how can you conduct business based on an EMAIL ACCEPTANCE or without having any proper Agreement/Acceptance of Proposal in physical form with them? This is not the right procedure and work style to run any business. You need to adopt a proper system if you still do not have one.
Now, I want to let you know that you cannot treat their EMAIL acceptance as an AGREEMENT with you. Though this can be counted as only CONSENT, not an agreement, which has a unique power and dignity and a different meaning in a legal perspective. I understand your concern, but if you never had any paperwork with them, you cannot take legal action against them.
Second, I would suggest you visit them and try to negotiate and convince them with a humble gesture, and this can only work for you.
@Mr. Harish, can you please let me know about any case where one has taken legal action against anyone on the basis of an EMAIL Acceptance? I would be really grateful to you. Because there are a number of people accepting email offers and refusing, and if people started taking action just based on Email acceptance, then we all can imagine how much pressure is going to increase on the LEGAL SYSTEM and how much TIME is going to be wasted...
From India, Gurgaon
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Thank you for your response. Yes, I made the mistake of trusting the company's MD and honoring the email the manager sent as acceptance of our Terms and Conditions. We had never encountered such instances before as we have been dealing with over 25 MNCs. However, you are right, and I have learned my lesson. The targets and incentives of my employees are linked to the closures. Anyway, I will take your advice and meet her to see how it goes.
Regards
From India, Delhi
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Regards
From India, Delhi
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Legal Notice for Breach of Notice Period .docx
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