• Contract issue

Hello 
Actually i am running a Job Consultancy Firm in New Delhi , and was working with one of the client from long , actually we place the candidates in companies and companies pays us for service fees , so the matter is we placed one of the resource in XYZ company on 1st feb but company on 15th of march terminated her , but informed us that they have asked that employee to rejoin after 2 months as her health is an issue , but they havent informed us by any written communication that they are terminating that employee , and then after 1month 10 days more , on 25th april they have sent us mail asking for immediate resource as replacment of that employee or refund her service fees which they paid us . so i am confused as they din't told us about their termination , are we liable to pay the service fees back
Asked 2 years ago in Business Law from New Delhi, Delhi

Dear Client,

Why don`1 you include in the terms, that once candidate offered appointment after due process, services fess will exhaust. Than such issue will not arise for uncertain termination or resignation.

You are not libel for refund, your offered sources was selected,

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

If you have mentioned regarding repay of service charge in service agreement then you have to repay otherwise you need not to repay it.

Jaswant Singh
Advocate, Gurugram
628 Answers
2 Consultations

4.8 on 5.0

If leave is for 2 months, where is termination than,

Is there any clause as to in what period refund will intimate if employee leave within 45 days,

Well, employee didn't left but terminated, so abiding clause also u r not liable for refund.

Yogendra Singh Rajawat
Advocate, Jaipur
16743 Answers
21 Consultations

4.6 on 5.0

You need not pay, company will not file a case against you. And if company files a case, just tell me. I contest the case.

Jaswant Singh
Advocate, Gurugram
628 Answers
2 Consultations

4.8 on 5.0

Dear client

In that case, that doesn't come under termination, as per agreement between you and your client

It is a sabbatical or unpaid leave, so you are not liable for any kind of replacement or refund.

Regards

Siddharth Jain
Advocate, New Delhi
5326 Answers
59 Consultations

5.0 on 5.0

1) If the agreement clauses are mentioned between you and company that if employees leave the company in 45 days than you have to pay refund amount or replace the candidate. Here in your case the company had terminated employee and that clause is not mentioned in your agreement nor company informed you in the writing. So you are not liable to pay or replace the candidate.

Ganesh Kadam
Advocate, Pune
9026 Answers
74 Consultations

4.9 on 5.0

You are not liable to pay as per the terms disclosed by you hereinabove

Saurabh Yadav
Advocate, Gurgaon
50 Answers
1 Consultation

4.0 on 5.0

You are not liable ru refund any fees

2) the company has employed person sent by you

3) there is no clause in your contract that if employee services is found to be unsatisfactory you have to provide replacement

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

There is no written communication received from company that employee has left within 45 days of appointment

Under the circumstances you are not bound to refund fees or provide replacement

Ajay Sethi
Advocate, Mumbai
72060 Answers
4334 Consultations

5.0 on 5.0

Dear Sir,

The company must intimate you before termination and you have enquire with her as to what grounds they have terminated her. If grounds were not genuine you need not refund. Further as it was unilateral action you need not refund. Let his go to court. Nothing will happen. His suit will be dismissed.

Kishan Dutt Kalaskar
Advocate, Bengaluru
4968 Answers
153 Consultations

5.0 on 5.0

First of all did they terminate employee or employee give a resignation letter.

So in case if they provided candidate a leave of 2 months or terminated him you are liable only in case the employee leave the company. So according to your agreement you are not liable to pay service fees back and neither you are required to provide the replacement.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

Further for your business relations if you want then you can provide them with the replacement but in view you of the agreement there is no bound for you to provide the service fees or the replacement.

Shubham Jhajharia
Advocate, Ahmedabad
22882 Answers
93 Consultations

5.0 on 5.0

1. what is ur term and condition of agreement to provide candidates in companies?

2. copy of mail.

3. then we will proceed according to that scenerion

Arun Kasana
Advocate, Delhi
32 Answers

Not rated

If there is no problem from your side and you had fulfilled their requirement properly then you are not responsible if they terminated her for non-performance or the health issues which developed after joining them.

You can issue a legal notice to them on this while refusing to pay them back the service charges since it is their own fault and not yours.

Wait and watch the developments to challenge their further moves legally if they plan to sue you.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

Don't act in a hurry on the oral and telephone conversation.

Ask them to send the communication in writing so that you can issue a reply suitably on the basis of contractual agreement with the client on this.

However since this is a sensitive issue, you may exercise abundant caution while taking any drastic step so that your relationship with the client is not spoiled due to this which may spread as a virus and adversely impact your business with the other clients also.

T Kalaiselvan
Advocate, Vellore
61997 Answers
800 Consultations

5.0 on 5.0

NO need to pay any refund fee as there is no termination communicated.

Anshul Chowdhary
Advocate, New Delhi
19 Answers

Not rated

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