Legal Smart Channel - Gaya Hidup Cerdas Hukum

  • 2 Agustus 2018


    . I was a probation employee as sales executive in one company. And after 6 months probation I decided to resign cause i don''t what to be sales for the next year or be employee in that compay. I just think i want to go back to my uni and working again at Lab then get schoolarship for my gradute degree. I just think that that place is not suitable for me so i resigned at 28 th of June. And it all good i don''t have any problem with anyone there. Then at the end of July , my ex client said I was lied on her and if i didn''t say those words to her she wouldn''t buy the exams from me. So my ex company also contacted me and asked about it and i said I don''t really remember about what i said to her in directly, phone, or wa chat but in proposal there is no exam that she said I promised to give it to her. So here''s the thing there is 11 exams in 1 license and i think perhaps the exam that she want, was included in that license. But it is not. So is that means that I give a false information or doing penipuan or doing wanprestasi? Because she asked for my pertanggung jawaban and my company told me she ask her money back. So who are the real person to blame for this? Maybe I was incompetent because i was new employee and also the exams that time is new so i couldn''t remember it well ( it was on February) . The exams got updated like every year. The thing is another exams that she also ordered is already running. So its like she order for 1000 exams and already use it about 30 of it. Because she ordered various of exams and only one exam which are not included from what she wants. And also i didn''t get any benefit from selling things in any deal because i was on probation. I read a couple of UU but perhaps you more competent about this. Thank you

  • 28 November 2018

    Dijawab Oleh -

    Facts These are the facts we can established from what you have told us: 1. You only work for the company as a probation employee for 6 months (resigned as per 28 June) 2. You were told by the company you were working for that a woman who was your client accused you of doing a scam or breach of contract (at the end of July) 3. The Client bought the exam that you offered her (11 exams and 1 license). The Client supposedly got the exam that she wanted, since you thought that you have given her the said exam, but she felt that she had been scammed and therefore asked for your responsibility and her money back. 4. You don't remember well what you said to her However, you did not clearly describe the company you were working for, in what line of business that the company offered its products or services, secondly what kind of product the company is selling? Issues You want to know whether you may be deemed guilty and can be held responsible for selling the product (exams and license) and wether you must be the one who compensate her or gave her money back, even though you were only a 6 month old probation sales executive in the company The Right to Compensation Wanprestasi/Wanprestatie/Breach of Contract is a failure to perform any promise that forms all or part of the contract. Legal issues may arise in the case where there is a contractual relationship between the parties involved and in the event of breach of contract, the party who suffers may file a lawsuit against other party based on a failure on the part of one of the parties to fulfill his contractual obligations. Article 1236 of Civil Code: "The debtor is required to compensate the creditor for costs, damages and interests, in the event that he is unable to deliver the goods, or in the event that he has not properly maintained them. Therefore, she has the right based on the contractual relationship to ask for compensation for not receiving the goods as long the goods is stated as the goods you/company should deliver. Legal Liability The law distinguishes between a natural and legal person. A natural person is any human being, with legal capacity commencing from the time of birth. A legal person is an association of people or special-purpose fund that is recognized by law as having legal personality. Legal liability which arises from civil code is called civil liability including: a. Iiability arises from a breach of contract, b. Iiability arises from an unlawful act (wrongful act). Civil Code Art. 1367 stipulated that: "A person is responsible for the damage which was caused by his own act, as well as for that which was caused by the acts of the individuals for whom he is responsible, or caused by matters which are under his supervision." Furthermore, Civil code Art. 1367 par.3 stipulates that: "Employers and those who have appointed others to manage their affairs are responsible for the damage caused by their servants and subordinates assigned to them.” In the course of the duties Art. 1367 par 5 sets explicit exception or limitation of responsibilities towards people said in this article. "The above-mentioned responsibilities cease, if the parents, guardians, school teachers and work supervisor can prove that they were unable to prevent act, for which they would be liable." Under the doctrine of respondeat superior or vicarious liability, an employer can be held liable for the negligent acts of employees while they are acting on the employer's behalf. However, in order to held employer liable, at least two criteria have to be satisfied, namely: the worker must be an employee and the employee must be acting within the scope of employment when the negligent act occurred.