Anonymous
15 January 2010 at 11:32
Dear Experts
My query pertains to a clause in the Distributorship Agreement which reads as follows:
The Company shall not enter into agreement with Sub - Distributor/s on an independant basis during or after termination/ expiration of this Agreement with Distributor.
Please note :
1. Sub- distributors are independant dealers to whom the Distributor sells products purchased from Company.
2. The relation between Company and Distributor is on Principal to Principal basis.
I request answer to my following query:
1. Legallity of such clause in the distributorship Agreement vis a vis Contract Act.
Regards
sonam sarin
11 January 2010 at 14:24
Dear Experts
My query pertains to Employment Bond.
"A" was appointed in a IT company as IT executive (clerical) and was asked to sign a Bond - wherein it was inter-alia mentioned that, in case "A" leaves job within 6 months of Joining- A will be required to pay two months Gross salary to the Company (in respect of which the Company took two post dated cheques from "A" in respect of the salary dues).
Now 'A' left the job within 01 month of joining as she did not found Company environment to be good for girls to work.
(long hours of work, depressing environment etc).
Now "A" do not want to pay the money to Company but has issued two post dated cheques
I request following answers:
1. What is the legality of such Employment bond and the negative covenant contained in such bond pertaining to two months gross salary?
2. Can "A" escape payment liability under the Bond specially when A has issued post dated cheques?
Awaiting your reply.
Thanks and Regards
SONAM
sonam sarin
05 January 2010 at 11:17
Dear Experts
What is the difference between warranty and Guarantee as regards Products/equipments are concerned?
(i.e. when we purchase products- sometimes we get Warranty and at other times we get Guarantee)
Which term is relevant under Indian Law vis a vis Products/equipments
Thanks and Regards
SONAM
sonam sarin
13 November 2009 at 15:55
Dear Experts,
What is the difference between Bank Guarantee and Indemnity Bond?
In contract negotiations, sometimes this Bank guarantee V Indemnity Bond issue come up?
wherein the service receiver insist more upon Bank Guarantee?
Thanks
SONAM
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Payment of Bonus to Outsourced employees (sales)
Dear Experts
This refers to payment of bonus to outsourced employees (sales personnel, office boys, administrative personnel) outsourced through Third Party.
Major points of Agreement with Third party:
1. Salary including PF/ESI paid to third party for payment to outsourced employees.
2. Outsourced employees on the payroll of Third Party Company
3. Principal to Principal relationship between Company and Third party
4. agreement is termed as service agreement and third party charges service tax to Company.
Queries:
1. Do the Company legally required to to pay Bonus to such outsourced employees (on the payroll of Third Party)?
2. Will the Company fall under the perview of Principal Employer vis a vis payment of bonus act?
Thanks and Regards