Legal Question in Business Law in India
I am running a organic farming business, I have appointed some agents in commison based, there job was to give business and in which I will some money, I have also issued ID cards but I have not given any written that they will get payments. now one agent went to labor office and complained that I have worked for 2 months and I want 25000/- payment, he also mentioned that he has given me 6000/- as registration.
Sir every blame is wrong but I have got a notice from labor office to explain.
Sir kindly suggest me what to do in which my company reputation will remain.
Regards
Deepak Kumar
Jamshedpur, Jharkhand
India
Mobile - 09031702005
2 Answers from Attorneys
27.02.2014
Dear Deepak,
Let us presume you are running a business of cultivating mushrooms or strawberries. You appointed commission agents to market and sell mushrooms or strawberries at a particular price per pack and you will pay them a certain percentage of commission on the sales volumes each of them generates. What you need to take into consideration is whether you appointed them as purely commission agents or whether you agreed to give them a basic salary plus commission on sales. If the former be the case, you ought to have spelt out in the agreement about who is going to bear and incur all the related expenses like agent's local conveyance, outstation travel, and business campaigning or propaganda expenses. There is every possibility that the Registration Fees that the opposite party is referring to may well have been your Capital in the business. To protect your image and reputation, you should aptly reply in writing to the Labour Commissioner's notice and proceed accordingly.
Regards,
Advice:
You should immediately hire an advocate related to the subject and can't give any response before any authority without proper to get advice on the subject.
For the subject you may contact with me.
Shailesh Kumar
Advocate, Jharkhand High Court, Ranchi.
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