Dear Seniors,
Please suggest me, one of my clients is not paying the recruitment fee, and it has been 5 months. We know the management through a known source, and we haven't signed any agreement, only a few email conversations regarding terms and conditions. As per that, we agreed on a 45-day replacement. There are a few call recordings and WhatsApp messages regarding payment follow-up discussions.
We placed 2 candidates, out of which one candidate left the job after 70 days of completion, and another candidate left the job after 5 months from the joining date. They are saying that all the candidates have left the job and will not pay the consulting fee.
Please suggest what to do further so that we can get our payment successfully.
Thanks in Advance,
Sandip.
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Please suggest me, one of my clients is not paying the recruitment fee, and it has been 5 months. We know the management through a known source, and we haven't signed any agreement, only a few email conversations regarding terms and conditions. As per that, we agreed on a 45-day replacement. There are a few call recordings and WhatsApp messages regarding payment follow-up discussions.
We placed 2 candidates, out of which one candidate left the job after 70 days of completion, and another candidate left the job after 5 months from the joining date. They are saying that all the candidates have left the job and will not pay the consulting fee.
Please suggest what to do further so that we can get our payment successfully.
Thanks in Advance,
Sandip.
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It is not possible to offer a conclusive opinion without knowing the full facts and perusing the e-mails and the call recordings. The point of law is made clear; it is not necessary that the parties have to formally execute a written agreement to make it binding on them. The Contract Act of 1872 recognizes oral agreements as binding as well. As it is not possible to properly appreciate the full facts through this forum window, it is suggested to consult a learned Advocate in contract matters. Based on the information provided, it appears there is a case in your favor. The party should not be able to evade payment on the grounds that the recruits left the organization, unless it is specifically provided between the parties or there is a widespread industry practice, which is definitely not present.
From India, Mumbai
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1656From India, Mumbai
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Thank you so much for your response. I will try to do as per your suggestion.
In fact, I tried to escalate to a higher authority, and now he has called and said it's not right what I did and he will not process any of my payments.
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In fact, I tried to escalate to a higher authority, and now he has called and said it's not right what I did and he will not process any of my payments.
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As you say, there is no agreement, which means no rate contract, and many more "no's." But one "Yes" is that they have engaged the candidates on their job sent by your firm. No one will pay unless an invoice is made for the service rendered. You should send your invoice to the firm via registered post, addressed to the person with whom you had correspondence and discussions. You should also reply that your firm is in no way responsible if the worker leaves the job, as you have fulfilled your task by providing manpower as per their verbal order. If needed, you can seek legal advice to recover the amount.
From India, Mumbai
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From India, Mumbai
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Mr. Prabhat, we have not signed any agreement, but we have approval over the mail regarding all the T&C and Rate card. We have also invoiced them based on the mutually agreed T&C. They are giving just an excuse, saying that our candidate has not completed the tenure, which is also false, and we have given them proof of that. The candidate has sent us mail regarding their DOJ and DOL.
I would like to know what action I should take. If I pursue a legal case, how much time may it take, and what could be the expenditure? Please do let me know if you have any idea on this. TIA.
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I would like to know what action I should take. If I pursue a legal case, how much time may it take, and what could be the expenditure? Please do let me know if you have any idea on this. TIA.
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