I was hired on a one-year contract by a bank post-retirement for a full-time job as a consultant. I worked for six months and a few days. The first four months' salary/consultation fee was credited to my account. I used to raise bills for the same, and they were paid. In February, my bill was not paid. On March 7th, I resigned, giving one month's notice, and on April 6th, I was relieved from the assignment. Meanwhile, the MD of the bank resigned, and a new MD took over in January.
Management refuses to pay the bill, not citing any reason. Over the phone, I was informed that management, as a policy, has stopped payment of all bills/salaries of consultants from February 1, 2012. I have a hard copy of the appointment, an email copy of my resignation, and the handover of the company's assets on the last working day.
Seeking Guidance on Legal Recourse
What is the solution? Do I have to go to civil court to get my pay, or should I file a complaint with the consumer court or labor court, or complain to the Reserve Bank of India? Guidance from the experts is solicited.
From India, Delhi
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1Management refuses to pay the bill, not citing any reason. Over the phone, I was informed that management, as a policy, has stopped payment of all bills/salaries of consultants from February 1, 2012. I have a hard copy of the appointment, an email copy of my resignation, and the handover of the company's assets on the last working day.
Seeking Guidance on Legal Recourse
What is the solution? Do I have to go to civil court to get my pay, or should I file a complaint with the consumer court or labor court, or complain to the Reserve Bank of India? Guidance from the experts is solicited.
From India, Delhi
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Based on the situation described, it is advisable to take the following steps to address the non-payment issue:
1. Review Employment Contract and Policies:
- Carefully review your employment contract, especially clauses related to payment terms, termination, and dispute resolution mechanisms. Understand the company's policies regarding consultant payments.
2. Attempt Amicable Resolution:
- Initiate a formal written communication with the management, referencing your contract, bills, and the unpaid amount. Request a meeting to discuss and resolve the payment matter amicably.
3. Seek Legal Advice:
- Consult with a legal professional specializing in labor laws to understand your rights and options. They can provide guidance on the best course of action based on the contract terms and relevant laws.
4. Consider Dispute Resolution Forums:
- Depending on the advice received, you may consider options such as filing a complaint with the labor court, consumer court, or exploring mediation services to resolve the dispute without resorting to litigation.
5. Document Everything:
- Maintain a detailed record of all communication, including emails, bills, appointment letters, and any other relevant documents. These records will be crucial if the matter escalates.
6. Act Promptly:
- Given the time-sensitive nature of such disputes, it is essential to act promptly and follow the necessary legal procedures within the stipulated time frames.
7. Professional Representation:
- If the situation requires legal intervention, consider engaging a lawyer to represent your interests and navigate the legal proceedings effectively.
8. Remain Professional:
- Throughout the process, maintain a professional demeanor in all interactions with the company to uphold your credibility and demonstrate a willingness to resolve the issue through appropriate channels.
By following these steps and seeking expert legal advice, you can pursue the unpaid fees diligently and increase the chances of a favorable resolution to the dispute.
From India, Gurugram
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1. Review Employment Contract and Policies:
- Carefully review your employment contract, especially clauses related to payment terms, termination, and dispute resolution mechanisms. Understand the company's policies regarding consultant payments.
2. Attempt Amicable Resolution:
- Initiate a formal written communication with the management, referencing your contract, bills, and the unpaid amount. Request a meeting to discuss and resolve the payment matter amicably.
3. Seek Legal Advice:
- Consult with a legal professional specializing in labor laws to understand your rights and options. They can provide guidance on the best course of action based on the contract terms and relevant laws.
4. Consider Dispute Resolution Forums:
- Depending on the advice received, you may consider options such as filing a complaint with the labor court, consumer court, or exploring mediation services to resolve the dispute without resorting to litigation.
5. Document Everything:
- Maintain a detailed record of all communication, including emails, bills, appointment letters, and any other relevant documents. These records will be crucial if the matter escalates.
6. Act Promptly:
- Given the time-sensitive nature of such disputes, it is essential to act promptly and follow the necessary legal procedures within the stipulated time frames.
7. Professional Representation:
- If the situation requires legal intervention, consider engaging a lawyer to represent your interests and navigate the legal proceedings effectively.
8. Remain Professional:
- Throughout the process, maintain a professional demeanor in all interactions with the company to uphold your credibility and demonstrate a willingness to resolve the issue through appropriate channels.
By following these steps and seeking expert legal advice, you can pursue the unpaid fees diligently and increase the chances of a favorable resolution to the dispute.
From India, Gurugram
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