Legal Question in Employment Law in India

Sir

I was employed by a software company in Noida and entered into a service agreement for one year and completed the same successfully .The company treated me as employee but paid me as cosultant .EPF,Gratuity,Medical reimbursement,LTA,HRA etc was not given to me.I resigned from the co and served 14 days notice period.Now the company has filed a suit claiming 5 lacs as damage due to not serving a notice period of one month and not transferring knowledge of the continuing projects which is wrong.I have completed the project and transferred knowledge and informed about this to the co through e-mail.I was paid FEE monthly and not on completion of project.Some points of Policies and Norms of the co on which I have signed are-(1)You are hired as consultant to the co (2)In probation period you have no right to leave the services of the co without giving 15 days notice or 15 days salary.(3)After completion of probation period the management can terminate your services with one-month notice or one month salary.During probation it will be 15 days.You will be at liberty to leave the services of the co after giving one month notice.(4)If you wish to terminate your services with the co , during probation you need to serve a notice period of 15 days and after probation serve for a month.

I think that the clauses are one sided and contradictory and fraud as the co did not pay me Salary and so void as per The Indian Contract Act 1872 Section 10,14,16 and17.The co did not paid my fee for 44 days.Please guide me ,what should I do?

Regards

sandeep


Asked on 8/30/14, 5:09 am

1 Answer from Attorneys
Fca Prashant Chavan Expert Edge LLP

31.08.2014

Repeat query. Already answered.

Read more
Answered on 8/31/14, 4:31 am


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