Advocate Rajesh Singh

Questions Answered by Advocate Rajesh Singh (25+ answers)

Q: can we do freelancing with job along with full time employment illegal?

Hi, I am a full time permanent employee of a product based IT company in Pune, India. I have started doing freelancing jobs from last year through a online freelancing website. I would like to know if this is legal or not. can i do freelance work while employed ?

Advocate Rajesh Singh answered
Dual employment of any kind is contractual right, nothing to do with legal right. As every employment is expected to be single employment hence you contract should speak of its exception or dual employment explicitly. Option 1 is take a written approval or consent to do so while you are in employment (which is generally or practically not considered by most employers); Option 2 is do 2 part time jobs and have the scope to fulfill your freelancing work. Any work done on honorary or voluntary can be considerable but it should not change your priority to your full time employment. Any work that links with your current work or could be considered within due course of employment has to be permitted by your employer. There are no legal provisions strictly to govern by practices and contractual rights determine the same

Q: Can a company be sued for offering high CTC and reducing it later

I got job in a MNC located in gurgaon and they offered a certain CTC(Salary) which I accepted and resigned from my current job. After 20 days they sent me revised CTC which is 3 lakhs less than initially offered CTC. I asked them to give a joining bonus of 2.5lakhs for reducing CTC but they agreed to give only 1.5 lakhs. Can I sue them for cheating me with initially offering high CTC and then reducing it after accepting the first one?

Advocate Rajesh Singh answered
To prove criminal charges, for such cheating, you may find it difficult; further, if you intend to sue them for breach of offer letter, you need to be sure that you had accepted the offer in writing before the revision. Thereafter they have reduced the offered CTC. You can certainly reach to civil court for relief and breach of employment offer terms. Keep in mind what are you trying to achieve from this whole exercise while legal remedy is a long process to exercise your contractual rights and is it worth or not in proportionate of your time and relief expected.

Q: Corporate air ticketing credit clause how to add

I used to run a corporate travel business few years back but I lost a lot of money because there was no paper work.. no contract.. everything was going on good will & trust and i was never in a position to ask my corporate client for a contract fearing of the risk of competition. Now I have decided to again step into this business and my question is that "I've started pitching my new travel agency to corporates, but the challenge i'm facing is that the corporates do not want to sign the contract initially they say that first let us see your service and then we will think of contract. Is there any legal clause or term i can ask them to acknowledge over email before investing money in their ticketing till the contract is in place?

Advocate Rajesh Singh answered
Promise from you to provide services and their acceptance ( avail your services on terms in email), by conduct or writing is an agreement in law. So all the commerical terms and payment conditions with a liability cap in your emails can at least help to conclude the agreement thru email.

Q: Cost of formation and trademark registration of a partnership firm/LLP

How much is the cost required to open a partnership firm and llp?Also how much cost required for trademark registration of firm/company?

Advocate Rajesh Singh answered
Government fees of registration is available on the respective government site of both Registrar of Company and Registrar of Trademarks. The service providers or lawyer may add their fees for providing full support and track the application and mostly the same are charged stage wise based on query or events that may happen after filling the application. There is no straight method, there are online service providers who have package deal for all such work and can be convenient to approach them if you have a budget issues.

Q: Clarification on registration of Franchise agreement

FROM THE YEAR 2014 : is A franchise agreement IN CASE OF A PVT LTD is it necessary 1) To Contain co. identification like,. IN CASE OF A PVT LTD: LIKE CO. CIN NO. , DIRECTOR DIN NO (IF NOT CONTAIN IS IT VALID), PHOTO ETC ALONG WITH WITNESSES, 2) And franchise agreement only NOTARISED and NOT REGISTERED, can it be executed

Advocate Rajesh Singh answered
Answer to your question 1- it is advisable to have but not compulsory so that clarity of legal name is there to file can case against legal person like the pvt ltd company. If signed by director then DIN or else have board resolution in favour of the person executing the franchisee agreement but not necessary. Other aspects will factually ensure the authenticity of the person involved and keep your mind clear with regard to genuineness of all people involved. (precautionary need not mandatory to enter into franchisee agreement)Answer to your question 2 - franchisee agreement need not be registered hence notarized copy will do.please note in government contracts, if the tenders expect some process then you need to ensure compliance of the same for your own good and strengthening of the case. Legality may not fully be questioned in absence of the above been not done in some case.