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Vijay   10 May 2017

Breach of contract

MY wife is Thai chef originally belongs to Thailand. She has been working with renowned restaurant in New Delhi since 14 years. I have started an online home catering business of thai food since 2 years. Few months back my company had participate a food festival. My wife helped me in setting up of stall and display of food in the festival. During fest organizer clicked photo of my wife at the stall which they posted on their facebook page. Somehow my wife company found her photo. They send her show cause notice which says that she had directly participated in food fest and helped her husband. They did not give any appropriate time to reply. Within hour of discussion with top official of company they kind of forced her to sign reply letter from them. She signed reply letter dated same day which says that she has helped her husband business and apologize. Mind it she is a Thai national and she is not well versed in English language. Despite show cause notice was written in technical English no appropriate time given her in written to think, understand or in case require help from lawyers. They suspend her from working without any suspension letter since 15 days. Now they are threatening her of legal action as she breach contract. Till now company did not terminate her nor accepts her resignation. What action we can take from our side?


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 3 Replies

Rama chary Rachakonda (Secunderabad/Highcourt practice watsapp no.9989324294 )     10 May 2017

I hope her service under suspension. Any how better to contact her company officials and send to the company management saying apology letter from her. 

Kumar Doab (FIN)     10 May 2017

Prespectives:

She could have declined to sign letter drafted and typed ( not by her) by her Line Managers/HR personnel/employer.

She could have withdrawn the letter she was forced to sign.

You could have rather obtained professional/paid help from someone else.

The professionals are afraid of bad remarks,adverse comments in relieving letter, BGV.

The burden of proving innocence has been transferred on her.

Does employer agree to let her go with resignation!

Probably not!

Kumar Doab (FIN)     10 May 2017

A foreign national working in India might be covered by Indian labor laws while working in India.

A chef might be covered by the def. of ‘Employee’ as in Shops & Estbs Act of the state if her work area is coverd by the Act (and not Factory Act),………..’ Workman’ as in ID Act.

Apparently she has been suspended based on her so called acceptance and apology in response to said SCN (within 1 hour) and NO inquiry was deemed as necessary to be conducted and coemmnets on social media were deemed as sufficient.

Surprisngly suspension is verbal, a sposted by you.

Is she not markling her attendance and attending office?

 

You need to preferably consult a very able counsel/law firm speicializing in Labor/service matters of unshakable repute, and integrity, with all records that you have, for a considered opinion.


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