Resignation submitted, contractual position
Dear Sir/Madam,
I work for a company on contract basis i.e as a consultant. I have submitted my resignation here, but the employer says the following:
a. To complete all the works assigned to me(I am assigned works of another employee who resigned here and the works are out of my purview)
b. To find a suitable replacement before I leave.
c. I am in deemed employment as per my Employer.
I want to highlight the following points:
a. I used to raise monthly invoice without mentioning any reference to contract/agreement and I received my salary/consultancy charges on monthly basis based on orally agreed terms.
b. I have no written agreement with the company as the same was not executed because of various reasons.
c. The company has shared with me draft agreement without my name and salary/consultancy charges before joining but contains the notice period of 60 days.
d. Immediately after 1 month of my joining in the company I met with an accident and I have been working from home and employer paid my salary/consultancy charges during this period.
e. I have served 15 days notice to the employer and asked for relieving on 15th day of intimation of resignation.
My questions:
a. Can an employer force me to find a replacement?
b. Can they recover my consultancy charges as they have paid without any agreement?
c. Can they sue me in court of law?
d. What if I leave the company after 15 days of serving notice period without any intimation?
Request all the experts in Labour laws to help me out.