Clarifications on terminating my job agreement
Sir, I am Srinivasan from Tamilnadu. I have approached with one software engineer who was running a Software Solutions company based in South Tamilnadu, to develop the Android Mobile based billing Software. I already very familiar to him through one of my ex.employer customer. When I was approached him, he also said that he have a plan to do that Mobile Application billing software. And he promised to me that he will complete the Android Mobile billing application within 2 months time. I have officially joined his company on 01.06.2014 as a Marketing manager after relieving from my ex.company. We have made the job agreement on 18.07.2014. As per our agreement I have to market their software products (Billing & Accounts) in my territory (south Tamilnadu). The monthly revenue (any kind of revenue - new installation, AMC, outstanding) of the company should be shared at 60% by the employer and at 40% by the employee (me) after deducting all the expenses. The payment should be settled to the employee (me) Rs.15000/- fixed amount on a monthly basis. And the remaining amount based on monthly revenue to be calculated and settled at the end of every quarter of the year. But from beginning he was not promptly paid the monthly fixed amount of Rs.15000/- in time. And also he was not completing the Android mobile application as per his commitment. And then he keeps on lying with his words to complete the Android Mobile applications by subsequent months regularly.In the meantime, I was informed him through over phone and hangout chat messages that I will leave my job if he did not complete the Android Mobile Application within one month time. But he again keeps to holding me with his company with giving wrong commitments and lying with his words. And also he diverted some unwanted service complaints problems to me to disturb my work and waste my time. After that only I understood that he was indirectly supported one of my previous employers. So that only he was wasting my time and making financial issues and not supporting me promptly by giving wrong commitments and lying with his words. Finally, I got angry and sent an email on 07.09.2015 to him with using some vulgar words and mentioning that he cheating me and not keeping his words as per our agreement and also he supported indirectly one of my previous employers. So I don't like to work with his company, I will be leaving my position with his company effect on 30.11.2015 with a notice period of 3 months time as per our agreement.
He replied me that he was terminating my agreement with immediate effect on 14.09.2015 due to misconduct and damage his company image. And our agreement will be closed on 13.12.2015. So I did the misconduct, he was not liable to pay monthly fixed amount Rs.15000/- for the notice period of 3 months. And he holding my monthly fixed amount for the month of August'15 also.
In our agreement, he clearly mentioned that In case of this agreement terminated by either side, should be informed 90 days before as a notice period.
Can you please inform whether I can eligible for getting the monthly fixed amount of Rs.15000/- for the notice period of 3 months and also for the month of August'15 even though I had misconduct with him??
In which court, I can file a legal case against him. Labour Court or Civil Court since it was an agreement based employment.
Please help me out with this problem, since I was suffered financially and mentally by my employer.
Asked 2 years ago in Labour from Madurai, Tamil Nadu
A. Was there any penalty clause for the breach of contract or agreement in said agreement?
B. Have you sent any mail or notice when the person breached the contract by failing to pay monthly amount of Rs. 15,000/-?
C. You would better issue a legal notice to make payment of arrears salary which is committed in the agreement and claim damages for mental agony, promissory estoppel and breach of contract's terms and conditions. And it is not easy to establish misconduct from your side that must be proved by producing material evidence.
D. You can approach the Labour Court for termination of contract service without giving proper notice and you can claim damages for breach of contract in Civil Court. For more information, contact local lawyer.
There was no penalty clause for the breach of contract in our agreement. In our agreement, it was clearly mentioned that in case of this agreement terminated by either side, should be informed before 90 days as a notice period. The second page of our agreement words as below.
First party and second party have agreed to share as mentioned in the following table and the share (60% is for First Party & 40% is for Second Party after deducting the administrative expenses) is calculated from the collection received from any type of revenue including software installation charge, AMC and commission received from the third party.
a. Since software sales are subject to tax, revenue for the share is considered excluding all the taxes and charges.
b. Administration expenses includes all type of monthly expenses made for the firm and provisions to meet future investments in the expansion of the firm.
c. Payment will be to the second party by the first party as fixed amount Rs.15000/- (Rupees fifteen thousand only) on a monthly basis and the remaining amount based on the share calculated from the monthly collection of revenue and will be settled at the end of every quarter of the year.
in case of this agreement is terminated by either side, should be informed before 90 days as notice period.
a. The first party has to pay the remaining share to the second party based on the outstanding from the customers excluding bad debtors within one year from the date of termination based on the accounts statement.
I have sent the email immediately to him to pay the monthly amount for August'15 and also for the settlement of notice period months (monthly amount & share amount whatever it is). But he replied and said he was not liable to pay the above amounts due I had a misconduct with him.
Then I was sent a legal notice also to him, But he was not still responding anything. He said he will show the email copy which I have used vulgar words to shouted him.
Anyway, I am going to file a legal case against him very shortly. My final question is if he shows the email copy at labour court or civil court, It will going to affect any legal problem to me???
I have email proofs and gmail hangout chat proofs since 01.06.2014 before I was joining his company. I can shows with the proofs that what he gave commitments and how he cheated me accordingly and how he created financial problems and service complaint problems to me for the past one and half a years.
If I say, these are the reasons only I was sent an email with using vulgar words to shouted him, It will be accepted at the Labour Court / Civil Court or not??
He can show the email copy proof only. But I have more proofs against him.
Please inform me whether I can proceed strongly legal case against him or not.
Asked 2 years ago
A. All the mail transaction is very helpful to prove your case and it is recognized electronic under the Information Technology Act.
B. You ought not used the vulgar or filthy language against him. However, it is a immaterial thing while contemplating breach of terms and conditions, fraud, cheating and promissory estoppel case. In case, If he hurted mentally by virtue of your vulgar language that he may file complaint and contest the case separately. Hence, he cannot club the case when you filed a damages or compensation case.
C. You may lodge the criminal complaint against him under cheating, fraud and criminal breach of trust if you have sufficient proof.
A.Moreover, you can file a suit for specific performance of contract and you have entered into contract like Joint Development Agreement under 40:60 ratio. So you are entitled to get your share after deduction of all operational and capital expenditure.
B. You may recover all the dues and arrears with interest as per the valid agreement clause.