sheetal bansal
Asked August 21, 2016

no contractual obligation

  • 2 Answers
  • 72 Views

respected sir, I am sheetal bansal, currently working in Indian Railways as an IES officer. Prior to join Railways I was teaching in IES Academy. Delhi, a coaching institute for IES. I teached there for almost 1 year. My joing in Railways was due in December 21,2015. Taking the advantage of this the academy refused to pay Rs 97000 in mid december which I owed to them. Sir I teached there as a freelancer and never sign a contract with them. The reason why they refused to pay money is: 1. they said that I have shared my personal info with the students in classes which are against their contract. they argued this on the basis that many of their student are my facebook friends. 2. I misuse the confidential data of the academy which i never asked for 3. I was planning to open my own institute and regarding that i post a video on FB. But due to some problems that institute was not open. they said that when i was teaching in their institute it is against their contract to teach somewhere else. But I was not teaching anywhere. I was just planning to open an institute and it was just a plan not more than that. The contract which they are talking about send me through mail before every consignment and i have to accept it , which I never accept and never reply to that mail. Please suggest me what should i do to take my money Thanks and regards

Answers 2

Default avatar
Anubha Yadav

Following are the essentials for a contract to be valid:

  • Intention to create a legal relation
  • Offer
    • Which basically means a detriment to the person who made the promise or a benefit conferred on the other party, both of which are measurable in economic terms
  • Acceptance
    • There is no contract unless the offer is accepted by the person to whom the it is addressed 
  • Consideration
    • Means a detriment to the person who made the promise or a benefit conferred on the other party, both of which are measurable in economic terms.
  • Capacity i.e. the authority or ability to make contracts
    • Minors i.e. persons under the age of 18, lunatics etc., don’t have capacity to enter into a contract.

In your case, though there was an offer from the Institute but no acceptance from your side which implies that there’s no valid contract of service between you and the Institute. Therefore, you can’t be held accountable for any sort of breach, if there is any. Also, the Institute needs to provide you with substantial proof of the allegations made by them, in order to withhold your payment. Simply having your students as facebook friends doesn’t really mean that you have shared your personal information with them. Also, having an intention of opening a coaching institute and sharing a video related to that is no reasonable ground to not to pay your salary. The Institute cannot rely on these grounds unless they can prove that you have used Institute’s material information or forced the students to leave and join your program. Merely having an idea doesn’t render anything. Same is with the case breach of confidentiality, there has to be a proof that the material confidential information has been leaked out and there has been misuse of it.

So, you should first ask for proofs from the Institute to prove the allegations in order to hold back your payment as there is no valid contract with them, which means that you can’t be held accountable for anything directly. At the same time, the Institute is not bound to pay you as well without a contract. Therefore, settling the matter directly with the Institute is best option available to you. If that doesn’t work, you may also file a law suit against the Institute to seek the payment of your salary along with the damages/ interest for delay in paying off your salary. For this you may have to procure evidence and witnesses to show that you were employed by the Institute.

Agree Comment 0 Agrees about 1 year ago

Default avatar
Anubha Yadav

Following are the essentials for a contract to be valid:

  • Intention to create a legal relation
  • Offer
    • Which basically means a detriment to the person who made the promise or a benefit conferred on the other party, both of which are measurable in economic terms
  • Acceptance
    • There is no contract unless the offer is accepted by the person to whom the it is addressed 
  • Consideration
    • Means a detriment to the person who made the promise or a benefit conferred on the other party, both of which are measurable in economic terms.
  • Capacity i.e. the authority or ability to make contracts
    • Minors i.e. persons under the age of 18, lunatics etc., don’t have capacity to enter into a contract.

In your case, though there was an offer from the Institute but no acceptance from your side which implies that there’s no valid contract of service between you and the Institute. Therefore, you can’t be held accountable for any sort of breach, if there is any. Also, the Institute needs to provide you with substantial proof of the allegations made by them, in order to withhold your payment. Simply having your students as facebook friends doesn’t really mean that you have shared your personal information with them. Also, having an intention of opening a coaching institute and sharing a video related to that is no reasonable ground to not to pay your salary. The Institute cannot rely on these grounds unless they can prove that you have used Institute’s material information or forced the students to leave and join your program. Merely having an idea doesn’t render anything. Same is with the case breach of confidentiality, there has to be a proof that the material confidential information has been leaked out and there has been misuse of it.

So, you should first ask for proofs from the Institute to prove the allegations in order to hold back your payment as there is no valid contract with them, which means that you can’t be held accountable for anything directly. At the same time, the Institute is not bound to pay you as well without a contract. Therefore, settling the matter directly with the Institute is best option available to you. If that doesn’t work, you may also file a law suit against the Institute to seek the payment of your salary along with the damages/ interest for delay in paying off your salary. For this you may have to procure evidence and witnesses to show that you were employed by the Institute.

Agree Comment 0 Agrees about 1 year ago

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