refund from employee
Ravina
(Querist) 17 July 2011
This query is : Resolved
I have a firm out of India. I hired a person from India. His trip duration is 3 yrs but he didn't stay there for even a month and he started pretending that he is not well his parents promised us they will refund us the cost of all expense we have done which is over INR 200000/- in installments and that we must send there son back we have booked a ticket for him which according to the terms in appointment letter he was supposed to pay for, but we were scared he might do something to himself so we did it for him as his parents didn't have any money. that guy has signed an appointment letter agreeing to all terms and conditions and it had this thing stated that if he does not complete his trip and return he has to pay for his air ticket, visa and entry pass, his return ticket and we also paid him for making his passport for which we gave him rs. 10,000. his parents in India said they can write on a Rs. 100 stamp paper also that they will return the money to us. but this guy is saying he will not refund he will tear the copy of appointment letter he has. What should we do? should we ask his parents to write on the stamp paper will it be valid --- a hand written statement on stampaper? if he tears the copy of the appointment letter he has signed can't we sue him if he doesn't refund the amount to us based on the original copy of his appointment letter which is with us? if i let them write on a stamp paper who alls signatures will I need? And will it be valid enough? Is a Rs. 100 stamp paper ok for this? I don't trust them please help!
A V Vishal
(Expert) 17 July 2011
A document executed by the employee's parents is INVALID even if it is on a Stamp paper. You issue legal notice to him asking to refund the money or face legal consequences.
Devajyoti Barman
(Expert) 17 July 2011
Yes his parents can make his son responsible.
However since they are ready to execute a document you can male promissory note whereby his parents may promise to pay that amount which they would state be a loan amount from you at particular point of time
prabhakar singh
(Expert) 18 July 2011
contract properly drafted as a contract of guarantee by parents for their son would always be valid.
Any one capable to contract,
can enter into a contract of guarantee for any person,personal relation make it more authentic,though not required by law.
practical realization will always depend on financial
soundness ,be it debtor or its guarantor .
