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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3I 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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