Dear Seniors, Please suggest me, one of my client is not paying the recruitment fee, and it has been 5 months.
We know the Management through the known source and we haven't sign any agreement, only few Email conversation regarding T&C.. As per that we agreed on 45 days replacement. There are few call recordings and WhatsApp messages regarding payment followup discussions.
We place 2 candidate out of which one candidate left job After 70 days completion and another candidate left job after 5 months from Joining date.
They are saying that, all the candidate has left 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.
We know the Management through the known source and we haven't sign any agreement, only few Email conversation regarding T&C.. As per that we agreed on 45 days replacement. There are few call recordings and WhatsApp messages regarding payment followup discussions.
We place 2 candidate out of which one candidate left job After 70 days completion and another candidate left job after 5 months from Joining date.
They are saying that, all the candidate has left 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.
It is not possible to offer 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 1872 recognises oral agreement too as binding. As it is not possible to properly appreciate the full facts availing the forum window, it is suggested to consult a learned Advocate in contract matters. From whatever you have stated, there appears to be a case in your favour. The party could not evade the payment for the reason that the recruitees left the organisation unless specifically so provided between the parties or there is a widespread practice in the industry which is definitely not there.
From India, Mumbai
1530From India, Mumbai
Thank you so much for your response. I will try to do as per your suggestion.
In fact I tried to escalate to higher authority and now he has called and said its not right what I did and he will not process my any payment.
In fact I tried to escalate to higher authority and now he has called and said its not right what I did and he will not process my any payment.
As you say there is no agreement means no rate contract and many more no's. But one Yes is that they have enaged the candidates on their job sent by your firm. No one will pay unless until have a invoice made on them by your for service rendered. You sent your invoice to the firm in regd post in the name of the firm Kind Attn: person with whom you had correspondence & discussion made. You also reply that your firm is no way responsible if the workman leaves the job and you have done your task by providing man power as aginst their verbal order. You can also take the matter with any advocate see the ground to recover the amount.
From India, Mumbai
From India, Mumbai
Mr. Prabhat we have not signed up 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. Candidate has sent us mail regarding their DOJ and DOL.
I would like to know what action should I take. If I do Legal case then how much time it may take and what could be the expenditure. Please do let me know if you have any idea on this.
TIA.
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. Candidate has sent us mail regarding their DOJ and DOL.
I would like to know what action should I take. If I do Legal case then how much time it may take and what could be the expenditure. Please do let me know if you have any idea on this.
TIA.
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