Dear Forum Members,
I have been freelancing for a long time as a Video Editor. I usually take up work at home or work on a contractual basis at the client's side. Recently, I encountered a fraudulent company that is not paying my dues. I was able to recover 50% of my income, but the rest is still unpaid for the past 2 months. I have given them constant reminders, but they are not responding to my emails and calls and are making false commitments.
The scenario is that I successfully finished one project with them, and according to the letter of appointment, I was supposed to receive payment within 15 days. Although the project was mutually agreed upon for 15-20 days expected time, it got extended to more than a month. I was working on an hourly basis, so I managed to clear 10 days' dues in between the project. However, the pending payment remained unpaid even after a month.
The main issue arose when the Client Servicing Head asked me to start another project with the commitment that my payment would be cleared in 2-3 days. As the days passed, I began to see the payment delay. The situation worsened, and I lost interest in the project. On the 7th day, I informed the individual that I could only resume my services if the pending payment was cleared.
After a few days, I received a call from the same individual stating that their company was in crisis, so they could only make a partial payment and the rest would be paid after one month. Considering this, I went for work on the 8th day to collect the cheque and on the 9th day, I asked them clearly to provide in writing that I would receive my payment in one month before resuming my services.
However, they were not willing to do so, and there was no communication between us for a few days. Subsequently, I prepared a final bill for the pending payment of the 1st project and the 8 working days of the 2nd project and emailed it to them, but received no response. When I called the same person, he explicitly stated that I would not be receiving any payment as I had caused them losses and had blackmailed them to obtain the partial payment before leaving the work midway. Since then, I have been trying hard to reach the accounts section, and they keep saying they are waiting for a significant payment to pay me. I have to wait for that.
Now, what should I do? I have all the documents and communication related to the work at hand and in email. Please provide me with any solution as the pending dues amount to 50k+ and I am in dire need of it.
P.S.: I am from New Delhi, and the company where I was working is in Noida Sector 63.
From India, Delhi
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I have been freelancing for a long time as a Video Editor. I usually take up work at home or work on a contractual basis at the client's side. Recently, I encountered a fraudulent company that is not paying my dues. I was able to recover 50% of my income, but the rest is still unpaid for the past 2 months. I have given them constant reminders, but they are not responding to my emails and calls and are making false commitments.
The scenario is that I successfully finished one project with them, and according to the letter of appointment, I was supposed to receive payment within 15 days. Although the project was mutually agreed upon for 15-20 days expected time, it got extended to more than a month. I was working on an hourly basis, so I managed to clear 10 days' dues in between the project. However, the pending payment remained unpaid even after a month.
The main issue arose when the Client Servicing Head asked me to start another project with the commitment that my payment would be cleared in 2-3 days. As the days passed, I began to see the payment delay. The situation worsened, and I lost interest in the project. On the 7th day, I informed the individual that I could only resume my services if the pending payment was cleared.
After a few days, I received a call from the same individual stating that their company was in crisis, so they could only make a partial payment and the rest would be paid after one month. Considering this, I went for work on the 8th day to collect the cheque and on the 9th day, I asked them clearly to provide in writing that I would receive my payment in one month before resuming my services.
However, they were not willing to do so, and there was no communication between us for a few days. Subsequently, I prepared a final bill for the pending payment of the 1st project and the 8 working days of the 2nd project and emailed it to them, but received no response. When I called the same person, he explicitly stated that I would not be receiving any payment as I had caused them losses and had blackmailed them to obtain the partial payment before leaving the work midway. Since then, I have been trying hard to reach the accounts section, and they keep saying they are waiting for a significant payment to pay me. I have to wait for that.
Now, what should I do? I have all the documents and communication related to the work at hand and in email. Please provide me with any solution as the pending dues amount to 50k+ and I am in dire need of it.
P.S.: I am from New Delhi, and the company where I was working is in Noida Sector 63.
From India, Delhi
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Nobody in this forum has any views or can suggest anything on this? I would request senior and fellow members to have their views on it so that i can take necessary steps.
From India, Delhi
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From India, Delhi
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It seems that you have made the situation worse. You can be polite in the first shot. Well, now you need to wait for the payment and have patience. Be in touch with the account department or someone else in the company for the smooth process of your payment. Don't create pressure and show your willingness to work with them more. Once they trust you, they will release the payment. Don't give them the impression that you are concerned about payments only.
This will work, buddy!! Chill HR!!
From India, Gurgaon
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96This will work, buddy!! Chill HR!!
From India, Gurgaon
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Thanks for the reply.
Well, I know there are times when we make wrong decisions. My decision was to start another project without clearing the payment for the first project. I have been waiting for the payment for two months now, and I have been patient. I hope they release the payment soon. I have been in constant touch with their accountant, but now he seems to be ignoring my calls.
If they don't pay up, is there any other way I can retrieve my money, such as through legal means or something similar?
From India, Delhi
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Well, I know there are times when we make wrong decisions. My decision was to start another project without clearing the payment for the first project. I have been waiting for the payment for two months now, and I have been patient. I hope they release the payment soon. I have been in constant touch with their accountant, but now he seems to be ignoring my calls.
If they don't pay up, is there any other way I can retrieve my money, such as through legal means or something similar?
From India, Delhi
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Dear friend, donot loose courage and take back step in approaching for demanding the dues. But days are like this take another projects for earn bread for life
From India, Visakhapatnam
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From India, Visakhapatnam
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Yes you are right. Thats what i have been doing. Is there any remedy or precautions to avoid this kind of situation in future..Please advice.
From India, Delhi
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From India, Delhi
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There is no hard and fast rules to avoid such things. We have to go on doing things with anticipating such things
From India, Visakhapatnam
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From India, Visakhapatnam
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Dear concerned,
Greetings!!!
If you have a contract of any sort with your employer, you can move to court. Even if you have no contract but a work order, you can move to the labor court for non-payment of your dues. However, as a first step, you can get a legal notice drafted by a lawyer and send it to the other party through India Post and see how they respond to that.
From India, Delhi
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Greetings!!!
If you have a contract of any sort with your employer, you can move to court. Even if you have no contract but a work order, you can move to the labor court for non-payment of your dues. However, as a first step, you can get a legal notice drafted by a lawyer and send it to the other party through India Post and see how they respond to that.
From India, Delhi
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Dear Anonymous,
TeamGroup HR has given correct advice. Please follow it immediately by contacting a lawyer and issuing a legal notice. Claim all amounts due along with interest and legal costs. Only discuss/contact them after this.
Best wishes,
Ravi Kanth
From India, Hyderabad
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TeamGroup HR has given correct advice. Please follow it immediately by contacting a lawyer and issuing a legal notice. Claim all amounts due along with interest and legal costs. Only discuss/contact them after this.
Best wishes,
Ravi Kanth
From India, Hyderabad
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Dear Sir,
I have contacted a labor court lawyer, and he advised me that if they release the payment peacefully, then it would be okay; otherwise, leave it. The lawyer told me that I have signed a letter for the 2nd project and left in between. This could be the reason for the company to recover damages from me. However, the reason for leaving in between was that they haven't paid me my previous project balance payment, and they are blaming me for everything as if I have caused them a loss by leaving the project unfinished. I might have to bear all the losses.
Kind regards,
[Your Name]
From India, Delhi
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I have contacted a labor court lawyer, and he advised me that if they release the payment peacefully, then it would be okay; otherwise, leave it. The lawyer told me that I have signed a letter for the 2nd project and left in between. This could be the reason for the company to recover damages from me. However, the reason for leaving in between was that they haven't paid me my previous project balance payment, and they are blaming me for everything as if I have caused them a loss by leaving the project unfinished. I might have to bear all the losses.
Kind regards,
[Your Name]
From India, Delhi
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Dear friend,
I assume that you were utmost careful in taking all the evidence as proof of the work you have executed/done for the organization. However, we often forget or overlook checking the terms of the work contract or employment agreement while signing it. Without any hesitation, I can tell you that most of these agreements/contracts slightly favor the employer or the work sponsor. I believe that even with your agreement/contract with the company, they must have included certain terms that may lean the balance towards the company. There is no fault in it as it is a common practice.
I request you to fully understand the terms of 'Financial/Service-Fee Payments' in the contract and try to understand the obligations of each party. Once you have done that, please go to the sections/terms that discuss 'Non-fulfillment of Obligations' and understand the implications/inferences. Then, apply the implications to the following two aspects:
1. Non-payment of service fee (by the company)
2. Non-completion of the assignment/project (by you)
After this, I believe you will be in a position to understand the exact win-win/win-loss/loss-win/loss-loss situation. If you think you are in a 'win' position and have an advantage, please proceed with legal proceedings; otherwise, you can put your effort into finding other projects with other companies.
All the best, whatever the case may be.
Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
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I assume that you were utmost careful in taking all the evidence as proof of the work you have executed/done for the organization. However, we often forget or overlook checking the terms of the work contract or employment agreement while signing it. Without any hesitation, I can tell you that most of these agreements/contracts slightly favor the employer or the work sponsor. I believe that even with your agreement/contract with the company, they must have included certain terms that may lean the balance towards the company. There is no fault in it as it is a common practice.
I request you to fully understand the terms of 'Financial/Service-Fee Payments' in the contract and try to understand the obligations of each party. Once you have done that, please go to the sections/terms that discuss 'Non-fulfillment of Obligations' and understand the implications/inferences. Then, apply the implications to the following two aspects:
1. Non-payment of service fee (by the company)
2. Non-completion of the assignment/project (by you)
After this, I believe you will be in a position to understand the exact win-win/win-loss/loss-win/loss-loss situation. If you think you are in a 'win' position and have an advantage, please proceed with legal proceedings; otherwise, you can put your effort into finding other projects with other companies.
All the best, whatever the case may be.
Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
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Dear Mr. Kishore,
The second letter I signed was basically a one-page letter stating my services, position, and remuneration. There were two points, besides all this information, that could be problematic:
1. Your responsibility includes every aspect of editing, and you are expected to ensure the quality desired by the Director and the client.
2. You are not to engage in any other work during this period and must make yourself available for the entire duration of the project.
These were the only two terms mentioned in the letter I signed.
In my first letter, it was more of an appointment letter without terms and conditions specified. There was one point mentioned that stated, "As discussed, your fee will be structured as follows... xxx... This will be paid in full within 15 days of the project's completion and via cheque."
From India, Delhi
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The second letter I signed was basically a one-page letter stating my services, position, and remuneration. There were two points, besides all this information, that could be problematic:
1. Your responsibility includes every aspect of editing, and you are expected to ensure the quality desired by the Director and the client.
2. You are not to engage in any other work during this period and must make yourself available for the entire duration of the project.
These were the only two terms mentioned in the letter I signed.
In my first letter, it was more of an appointment letter without terms and conditions specified. There was one point mentioned that stated, "As discussed, your fee will be structured as follows... xxx... This will be paid in full within 15 days of the project's completion and via cheque."
From India, Delhi
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As per my knowledge, that amount is your right. Since you have explained that they keep delaying your payment regularly, it's time for you to take the matter to court. You have the details of the work order; you can proceed to the Labour Court for non-payment of your dues. As a first step, you can have a legal notice drafted by a lawyer and send it to the other party via India Post to see how they respond to that.
Best of Luck, Farhat Sophia
From India, Jalandhar
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Best of Luck, Farhat Sophia
From India, Jalandhar
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Dear Anonymous,
Without seeing your documents, it is quite impossible for anybody to advise you. What is your agreement with the company and what tasks have you completed, and on what terms and conditions? It is not clear. Therefore, it is better to consult a knowledgeable advocate and discuss the matter instead of searching for solutions in the dark. You can file a suit in civil court to recover your amount with interest and the cost of the suit. Good luck.
Joshi Kishor
From India, Pune
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Without seeing your documents, it is quite impossible for anybody to advise you. What is your agreement with the company and what tasks have you completed, and on what terms and conditions? It is not clear. Therefore, it is better to consult a knowledgeable advocate and discuss the matter instead of searching for solutions in the dark. You can file a suit in civil court to recover your amount with interest and the cost of the suit. Good luck.
Joshi Kishor
From India, Pune
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Hi, I am facing a similar case. Kindly help. I am a newly joined HR Executive in my company. A few employees were transferred from our group company 5 months ago, and now I have been given the task to follow up and get their settlement from that company.
The employees were informed that they were being transferred to this company, and most of them had been working for a long period. However, they have not settled even after waiting for a long time. Our management has requested to settle their accounts, but they are asking for resignation letters (from all transferred employees) to process settlements like F&F, Experience, Relieving, PF, and Gratuity.
Since this is a transfer case, none of them are willing to submit resignation letters. Can you please suggest if these transferred employees need to submit their resignations for settlements as per statutory norms?
From India, Hyderabad
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The employees were informed that they were being transferred to this company, and most of them had been working for a long period. However, they have not settled even after waiting for a long time. Our management has requested to settle their accounts, but they are asking for resignation letters (from all transferred employees) to process settlements like F&F, Experience, Relieving, PF, and Gratuity.
Since this is a transfer case, none of them are willing to submit resignation letters. Can you please suggest if these transferred employees need to submit their resignations for settlements as per statutory norms?
From India, Hyderabad
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Hi, Please guide if any assignments like this which can be work from home... Regards Rashmi Malhotra.
From India, Delhi
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From India, Delhi
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Whoever you are please send a legal letter addressed to the company, the managing director, all the directors, owners, and client servicing head, you will get the money. Send it through a lawyer.
From India, Mumbai
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From India, Mumbai
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Hello,
After reviewing all the responses of the members in this forum, let's view your lines "employer even hold up their employees' salaries for more than 2 months during Oct-Nov '12" from a different perspective.
Keeping aside the fact that this company owes you the balance payment for a moment, doesn't it strike you that this company has a REAL LIQUIDITY PROBLEM? In such a scenario, would any legal steps on your part bring you the IMMEDIATE result you desire—your payment being cleared? I guess not.
If your focus is on 'getting the payment' and NOT 'when you get it,' most likely, it COULD be after a long gap. It's up to YOU to make the decision whether you want to spend the time, effort & money to fight the case—based on what you mentioned [about having ALL the docs in hand].
Another way of looking at it is: MAYBE you COULD have done better background checks about this company—mainly about the financial stability, since that's what would be of real concern at the EoD. Being in business, I am sure you do realize that sometimes such situations crop up DESPITE the best efforts—guess that's part of the game, so to say.
Thinking of the legal angle, I am not sure if you have put IN WRITING the reasons why you stopped working on the Second project. If not, then the company COULD have an edge from legal aspects. This is with regard to your line: "they are blaming me for everything as I have caused them loss by leaving the project in between."
Frankly, I think you should take this as a learning experience and move on... even though 50K isn't a small amount, sometimes the cost of recovery could be far more BOTH in tangible and intangible terms.
All the Best.
Regards,
TS
From India, Hyderabad
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After reviewing all the responses of the members in this forum, let's view your lines "employer even hold up their employees' salaries for more than 2 months during Oct-Nov '12" from a different perspective.
Keeping aside the fact that this company owes you the balance payment for a moment, doesn't it strike you that this company has a REAL LIQUIDITY PROBLEM? In such a scenario, would any legal steps on your part bring you the IMMEDIATE result you desire—your payment being cleared? I guess not.
If your focus is on 'getting the payment' and NOT 'when you get it,' most likely, it COULD be after a long gap. It's up to YOU to make the decision whether you want to spend the time, effort & money to fight the case—based on what you mentioned [about having ALL the docs in hand].
Another way of looking at it is: MAYBE you COULD have done better background checks about this company—mainly about the financial stability, since that's what would be of real concern at the EoD. Being in business, I am sure you do realize that sometimes such situations crop up DESPITE the best efforts—guess that's part of the game, so to say.
Thinking of the legal angle, I am not sure if you have put IN WRITING the reasons why you stopped working on the Second project. If not, then the company COULD have an edge from legal aspects. This is with regard to your line: "they are blaming me for everything as I have caused them loss by leaving the project in between."
Frankly, I think you should take this as a learning experience and move on... even though 50K isn't a small amount, sometimes the cost of recovery could be far more BOTH in tangible and intangible terms.
All the Best.
Regards,
TS
From India, Hyderabad
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Dear All,
I fail to understand why all the members who have chosen to reply to the query raised have chosen to discuss how the author should have acted and not acted. The post is seeking solutions, not how, where, and when he went wrong. As stated earlier, send a legal letter to the owner/director/co-owners/business head/directors and the company individually. If the company doesn't have money to pay its vendors/employees as per the contract, then they should immediately wind up their business, pay all dues payable, and pack their bags and move. Non-payment for work done is a clear-cut case of contract violation, and hence legal action is just and proper. Initial legal letters from you to the company will automatically bring them to the negotiation table. You have been provided enough guidance, and hence you may proceed with such guidance that you deem suitable from your point of view.
Regards,
Octavious
From India, Mumbai
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I fail to understand why all the members who have chosen to reply to the query raised have chosen to discuss how the author should have acted and not acted. The post is seeking solutions, not how, where, and when he went wrong. As stated earlier, send a legal letter to the owner/director/co-owners/business head/directors and the company individually. If the company doesn't have money to pay its vendors/employees as per the contract, then they should immediately wind up their business, pay all dues payable, and pack their bags and move. Non-payment for work done is a clear-cut case of contract violation, and hence legal action is just and proper. Initial legal letters from you to the company will automatically bring them to the negotiation table. You have been provided enough guidance, and hence you may proceed with such guidance that you deem suitable from your point of view.
Regards,
Octavious
From India, Mumbai
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Dear Senior Members,
I find myself in a difficult situation and have sought advice from a lawyer who is known to me. He mentioned that if I were to send a notice or initiate a recovery suit, the company may counter with a compensation damages case against me. The issue arose when the payment for my first project was not settled, leading me to commence work on the second project with the assumption that the outstanding dues for the initial project would be resolved. However, the lawyer informed me that I had signed a letter of agreement for the second project and then left without completing it, potentially providing grounds for the company to claim damages. I left the first project midway due to non-payment of my balance and now I am being held accountable for the losses incurred by the company.
The second letter I signed was brief, outlining my role, services, and compensation. There were two critical clauses mentioned in that letter:
1. Your duties involve comprehensive editing to meet the quality standards expected by the Director and the client.
2. You are required to dedicate your time solely to this project without engaging in any other work during this period.
These were the only terms stipulated in the letter I signed. On the other hand, the first letter I received was more of an appointment letter without specific terms and conditions. It only mentioned that my fee structure would be as discussed, to be paid in full within 15 days of project completion via cheque.
I seek your advice on the appropriate course of action to take in this situation or whether it would be best to move forward without any further action.
From India, Delhi
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I find myself in a difficult situation and have sought advice from a lawyer who is known to me. He mentioned that if I were to send a notice or initiate a recovery suit, the company may counter with a compensation damages case against me. The issue arose when the payment for my first project was not settled, leading me to commence work on the second project with the assumption that the outstanding dues for the initial project would be resolved. However, the lawyer informed me that I had signed a letter of agreement for the second project and then left without completing it, potentially providing grounds for the company to claim damages. I left the first project midway due to non-payment of my balance and now I am being held accountable for the losses incurred by the company.
The second letter I signed was brief, outlining my role, services, and compensation. There were two critical clauses mentioned in that letter:
1. Your duties involve comprehensive editing to meet the quality standards expected by the Director and the client.
2. You are required to dedicate your time solely to this project without engaging in any other work during this period.
These were the only terms stipulated in the letter I signed. On the other hand, the first letter I received was more of an appointment letter without specific terms and conditions. It only mentioned that my fee structure would be as discussed, to be paid in full within 15 days of project completion via cheque.
I seek your advice on the appropriate course of action to take in this situation or whether it would be best to move forward without any further action.
From India, Delhi
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Hello,
Looks like what I mentioned in my response of 12 Jan as a POSSIBILITY ["I am not sure if you have put IN-WRITING the reasons why you stopped working on the Second project. If not, then the company COULD have an edge from legal aspects"] looks more likely a PROBABILITY, based on your last update.
Frankly, my reading of the action plan is what you mentioned in the end -- '...just move on', however much this pains or irritates @ the way this client of yours has taken advantage.
But... and with a CAPITAL B... this needs to be your learning chance too. First and foremost, I think you need to learn to put things in writing with the long-term aspects in mind.
Suggest FIRST talk to your in-relation lawyer to draft an Agreement Draft that you can use regularly, without depending on the client(s), who, in all probability, CAN ease out/miss out/include the aspects that you MAY use if things don't turn out well, like it's happened now.
SECOND, try to do some sort of a Background Check of the client BEFORE you get into any contract/agreement -- this won't be very tough, given the reach of the internet today. You may not even need to take help from Agencies, like Companies do to get the BCs done for prospective employees.
THIRD, learn NOT to React, but TO Respond -- MAYBE had you known that this situation COULD have come about, in all probability, you MAY NOT have stopped working on the second project, but WOULD have handled the issue in a different way. Please give this a thought.
All the Best.
Rgds,
TS
From India, Hyderabad
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Looks like what I mentioned in my response of 12 Jan as a POSSIBILITY ["I am not sure if you have put IN-WRITING the reasons why you stopped working on the Second project. If not, then the company COULD have an edge from legal aspects"] looks more likely a PROBABILITY, based on your last update.
Frankly, my reading of the action plan is what you mentioned in the end -- '...just move on', however much this pains or irritates @ the way this client of yours has taken advantage.
But... and with a CAPITAL B... this needs to be your learning chance too. First and foremost, I think you need to learn to put things in writing with the long-term aspects in mind.
Suggest FIRST talk to your in-relation lawyer to draft an Agreement Draft that you can use regularly, without depending on the client(s), who, in all probability, CAN ease out/miss out/include the aspects that you MAY use if things don't turn out well, like it's happened now.
SECOND, try to do some sort of a Background Check of the client BEFORE you get into any contract/agreement -- this won't be very tough, given the reach of the internet today. You may not even need to take help from Agencies, like Companies do to get the BCs done for prospective employees.
THIRD, learn NOT to React, but TO Respond -- MAYBE had you known that this situation COULD have come about, in all probability, you MAY NOT have stopped working on the second project, but WOULD have handled the issue in a different way. Please give this a thought.
All the Best.
Rgds,
TS
From India, Hyderabad
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Dear , Please send me the contract signed letter and all others payment & pending history and we will talk to the company. Best Regards Sajid
From India, Delhi
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From India, Delhi
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Hi,
For freelance work, it totally depends on trust because there is no paperwork or documents to prove that you are an employee or that you worked there, or were hired to complete an assignment. If the situation is the worst, have a word with them and try to get your money; that's the only thing you can do.
ALL THE BEST,
Asrar
From India, Hyderabad
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For freelance work, it totally depends on trust because there is no paperwork or documents to prove that you are an employee or that you worked there, or were hired to complete an assignment. If the situation is the worst, have a word with them and try to get your money; that's the only thing you can do.
ALL THE BEST,
Asrar
From India, Hyderabad
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Dear Anonymus, Concern in local consumer court with the details of all the documents which ever you have with that particular project.
From India, Chennai
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From India, Chennai
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Circular Dated 28-10-2016 for settlement of PF Death Case Claims within 7 days.pdf
Full n final settlement.doc