Dear Sir,
I have contacted a labour court lawyer and he advised me that if they release the payment peacefully then it would be ok 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. But the reason of leaving in between was they haven't paid me my previous project balance payment and they are blaming me for everything as i have caused them loss by leaving the project in between. I might have to bear all the losses.
From India, Delhi
I have contacted a labour court lawyer and he advised me that if they release the payment peacefully then it would be ok 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. But the reason of leaving in between was they haven't paid me my previous project balance payment and they are blaming me for everything as i have caused them loss by leaving the project in between. I might have to bear all the losses.
From India, Delhi
Dear friend,
I assume that you were utmost careful in taking all the evidences as a proof of the Work you have executed/done for the Organization. However, we often forget (or) oversight 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 are in favor of the Employer or the Work Sponsor. I believe, even with your Agreement/Contract with the Company, they must have kept certain term which may tend 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 understanding the obligations of each party. Once it is done, plz goto the sections/term which talks about 'Non-fulfillment of Obligations' and understand the implications/inferences. Then apply the implications on below 2 aspects,
1. Non-payment of Service fee (by the Company)
2. Non-completion of the Assignment/Project (by You)
After this, I believe, you yourself will be in a position to understand the exact win-win/win-loss/loss-win/loss-loss situation. If you think, you are at the 'win' position and you have some edge, plz go ahead with legal proceedings; else, you can put your effort in finding some other projects with other Companies.
All the best whatever is the case.
Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
3I assume that you were utmost careful in taking all the evidences as a proof of the Work you have executed/done for the Organization. However, we often forget (or) oversight 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 are in favor of the Employer or the Work Sponsor. I believe, even with your Agreement/Contract with the Company, they must have kept certain term which may tend 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 understanding the obligations of each party. Once it is done, plz goto the sections/term which talks about 'Non-fulfillment of Obligations' and understand the implications/inferences. Then apply the implications on below 2 aspects,
1. Non-payment of Service fee (by the Company)
2. Non-completion of the Assignment/Project (by You)
After this, I believe, you yourself will be in a position to understand the exact win-win/win-loss/loss-win/loss-loss situation. If you think, you are at the 'win' position and you have some edge, plz go ahead with legal proceedings; else, you can put your effort in finding some other projects with other Companies.
All the best whatever is the case.
Regards,
Kishore Mavuri
+91 900 068 0678
From India, Hyderabad
Dear Mr. Kishore,
The 2nd letter which i signed was basically a 1 page letter stating my services, position and renumeration. There were 2 points besides all these info which can be a problem and they are :
1. Your responsibility includes every aspect of editing and that you would ensure the quality as expected by the Director and the client.
2. You would not engage yourself with any other work during this time period and make yourself available for the entire duration of the project.
These were the only 2 terms mentioned in that letter which i signed.
But in my 1st letter, it was more of a appointment letter without terms and conditions mentioned. There was one point mentioned which states that "As discussed your fee will be structured as follows..xxx...This will be paid in full within 15 days of the completion of the project and via cheque."
From India, Delhi
The 2nd letter which i signed was basically a 1 page letter stating my services, position and renumeration. There were 2 points besides all these info which can be a problem and they are :
1. Your responsibility includes every aspect of editing and that you would ensure the quality as expected by the Director and the client.
2. You would not engage yourself with any other work during this time period and make yourself available for the entire duration of the project.
These were the only 2 terms mentioned in that letter which i signed.
But in my 1st letter, it was more of a appointment letter without terms and conditions mentioned. There was one point mentioned which states that "As discussed your fee will be structured as follows..xxx...This will be paid in full within 15 days of the completion of the project and via cheque."
From India, Delhi
As per my knowledge that amount is your right. As you have explained that they keep on delaying your payment regularly. So its time for you to move to the court. You have a the detail of work order , you can move to the Labour 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...
Best of Luck,
Farhat Sophia
From India, Jalandhar
Best of Luck,
Farhat Sophia
From India, Jalandhar
Dear Anonymus,
Without seeing your documents, It is quite impossible to anybody to advice you. What is your agreement with the Company and what task you have been completed on what terms and condition it is not clear. So it is better go to learned advocate and discuss the matter instead of finding ways in dark. You can file your suite in Civil Court and recover your amount with interest and cost of suite. Good luck.
Joshi Kishor
From India, Pune
Without seeing your documents, It is quite impossible to anybody to advice you. What is your agreement with the Company and what task you have been completed on what terms and condition it is not clear. So it is better go to learned advocate and discuss the matter instead of finding ways in dark. You can file your suite in Civil Court and recover your amount with interest and cost of suite. Good luck.
Joshi Kishor
From India, Pune
Hi
I am facing similar case, Kindly help.
I am newly joined HR Executive in my company. Few employees have been transferred from our group company 5 months ago, now I have been given the task to follow up and to get their settlement from that company. The employees were told that they are being transferred to this company and most of them were working from long period. As they are not settling even after waiting from long period, our management have requested to settle their accounts, but they are asking to submit resignations(for all transferred employees) to process settlements like F&F, Experience, Relieving, PF and Gratuity. As it is transfer case , none of them are willing to give resignation letters. So please suggest, Does these transferred employees needs to submit their resignation for settlements as per statutory norms?
From India, Hyderabad
I am facing similar case, Kindly help.
I am newly joined HR Executive in my company. Few employees have been transferred from our group company 5 months ago, now I have been given the task to follow up and to get their settlement from that company. The employees were told that they are being transferred to this company and most of them were working from long period. As they are not settling even after waiting from long period, our management have requested to settle their accounts, but they are asking to submit resignations(for all transferred employees) to process settlements like F&F, Experience, Relieving, PF and Gratuity. As it is transfer case , none of them are willing to give resignation letters. So please suggest, Does these transferred employees needs to submit their resignation for settlements as per statutory norms?
From India, Hyderabad
Hi, Please guide if any assignments like this which can be work from home... Regards Rashmi Malhotra.
From India, Delhi
From India, Delhi
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
From India, Mumbai
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' & 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 @ 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 @ 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 w.r.t. 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 & move-on......even though 50K isn't a small amount, sometimes the cost of recovery could be far more BOTH in tangible & intangible terms.
All the Best.
Rgds,
TS
From India, Hyderabad
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' & 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 @ 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 @ 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 w.r.t. 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 & move-on......even though 50K isn't a small amount, sometimes the cost of recovery could be far more BOTH in tangible & intangible terms.
All the Best.
Rgds,
TS
From India, Hyderabad
Dear All,
I fail to understand, why all the members who have chosen to reply to query raised, has chosen to discuss how the author should have acted and not acted. The post is seeking a solutions, and 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 company, individually. If the company doest have money to pay it vendors/employees as per 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 clear cut case of contract violation, and hence legal action is just and proper.
Initial legal letters from you to company will automatically bring them to 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
I fail to understand, why all the members who have chosen to reply to query raised, has chosen to discuss how the author should have acted and not acted. The post is seeking a solutions, and 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 company, individually. If the company doest have money to pay it vendors/employees as per 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 clear cut case of contract violation, and hence legal action is just and proper.
Initial legal letters from you to company will automatically bring them to 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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