Kamalkantps
Advocate
Loginmiracle
Consultant & G.m.
+1 Other

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Dear Seniors,
Please suggest me, one of my client is not paying the recruitment fee, as per the agreement he has to pay it in one month and it has been 5months, now they are saying that, we thought of removing the candidate and will not pay.
Please suggest where we need to lodge a complaint and it should not be happen to other consultants aswel.
Thanks in advance.

From India, Hyderabad
Dear Mr. M.V.K. Sarath Raja,
It is such a absurb scene from the client. The client had utilized the resource for 5 months - What are the steps taken by you on not receiving the payment in the second month?
- How many times have you contacted the Client and have you or any of your executives approached personally?
- Were there any email conversations testimony?
- When was the contract signed and the time period till that serves?
- Any clause embedded by you on non-payment of fees that will be liable to the client, if so what is that clause?
- Does the candidate deployed to the client has any proof of documentation (an Appointment letter, LOI, Salary slip etc)
Please regress back with these questions and I'm sure there is a substitute to all deeds in endeavour

From India, Visakhapatnam
Dear Ms. Sharmila,
We have contacted them many time and one of our executive visited their office twice.
We have few mail conversations regarding this.
Agreement signed in the month of Aug'12 it is valid for one year.
Jurisdiction:
In case of disputes arising out of disagreements in the terms stated in this agreement, the courts of Hyderabad will have complete jurisdiction.
We have a mail confirmation from the client saying that, how much they offered to the candidate.
Please suggest.

From India, Hyderabad
Dear Mr. Sarath Raja,
All the details are on your flank. Please send out a notice (by register post) written on your letter head that the client has failed to remit the fees and this shall serve to be the last correspondance and the amount of Rs. ___ shall be paid within 5 days after receipt of this notice. Failed in which case the agreed contract shall be liable for an indictment to the client. In case if the you do not receive an acknowledgement; you'd have an evidence and can hire an advocate for an appeal. They will send out a notice from the advocate's office to pay the structured amount within a stipulated time, failing which they would be filing a petition against them.
Initially progress the first step and I'm certain by all means they would recompense the same. This procedure had worked out for us, try and work from your end.

From India, Visakhapatnam
Dear MVKS,
First see whether Ur records are adequate. And check whether Ur.agreement has an Arbitration clause, if yes first U should exhaust this option and check time period stipulated for payment of Ur. fees. After a proper notice in writing thro' Ur advocate U can file a civil suit in an appropriate court depending on the amount U have to receive.
kumar.s.

From India, Bangalore
Dear Mr. Raja,
Law only requires to issue a formal intimation to the other party to provide the dues. That can be done by your company only. Besides sending this notice please go through your agreement as to see whether what does it say regarding replacement of the Candidate or about what if the candidate is terminated by the client. Please go through it carefully and after making sure that everything is ok, issue this letter. Even if they do not give heed you your notice you may contact an Advocate and file a recovery suit with costs of litigation in the court.
Please also check as rightly said by Mr. Loginmiracle if there is any arbitration clause in the agreement and act accordingly.
Feel free to revert in case of any doubt.

From India, New Delhi

Attached Files
File Type: doc Recovry Notice Draft.doc (24.0 KB, 770 views)

Very useful attachment. There are a large no. of cheats who will take services and not pay for it nowadays. Unfortunately the cumbersome legal process and infinite delay of such litigations for recovery it has become a heyday for such defaulters!
UG

From India, Bangalore
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