termination
Rajaraman.A.K
(Querist) 05 July 2009
This query is : Resolved
If an employee who working as a commission agetn in a private limited company was terminated without any enquiry. In that event can he file a suit against the company. His commission amount counts more than 4 lakhs per year, will he be treated as workman under workmen compensation Act. If not whether there is any apparent bar to labour court. finally what is the legal resort for him to get remedy against his illegal termination.
Khaleel Ahmed Mohammed
(Expert) 05 July 2009
The commission agent can not be treated as worker. The commission agent can file a civil suit against the company for appropriate relief.
PALNITKAR V.V.
(Expert) 05 July 2009
Mr. Ahmed is right. The commission agent can not be treated as employee or worker.
A V Vishal
(Expert) 05 July 2009
An “agent” is a person employed to do any act for another or to represent another in dealings with third persons.
Termination of Agency - An agency is terminated by the principal revoking his authority; or by the agent renouncing the business of the agency; or by the business of the agency being completed; or by either the principal or agent dying or becoming of unsound mind; or by the principal being adjudicated an insolvent under the provisions of any Act for the time being in force for the relief of insolvent debtors. [section 201]. - - In following cases, an agency cannot be revoked – * Agency coupled with interest (section 202) * Agent has already exercised his authority (section 203) * Agent has incurred personal liability.
