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Worked on comm. basis in past, now wants salary.
01-May-2023 (In Labour & Service Law)
We make payment to a person on commission basis, but now we demand payment on salary basis, we have not made any agreement to that person. but that person demanded more payment for its work, otherwise he want to file complain against us in labor commissioner. So can anyone take legal action regarding labour law without any appointment letter? And what happen in future in this case.
You pay commission. You have no agreement for salary. Then He has no case to claim as an employee but check your records to be sure that there is no mention of salary and commission, or payment of fixed amount every month or any letter/document /gate pas/ID etc.stating that he is an employee.
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Adv. Siddhant Sharma
Delhi | 200+ Answers
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