Dear friends,
I work in the capacity of an HR consultant for an organization. We have signed a 12-month agreement. Our payment policy states monthly payment.
I worked for the company until March 22, the date when the lockdown began. Two days ago, I called the client and asked for my payment, to which he said he would not pay me for my services for the month of March.
What action should I take now?
From India, Bhubaneswar
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3I work in the capacity of an HR consultant for an organization. We have signed a 12-month agreement. Our payment policy states monthly payment.
I worked for the company until March 22, the date when the lockdown began. Two days ago, I called the client and asked for my payment, to which he said he would not pay me for my services for the month of March.
What action should I take now?
From India, Bhubaneswar
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In a contract of employment, the days not worked can be taken either as paid leave days or unpaid days. However, in a consultancy service, such provisions will not be present. In fact, the consultant is not an employee and therefore is not expected to follow the office mandates regarding office timings, leave rules, reporting, etc. If the consultant does not show up for a few days, the professional fee payable will be paid in full without any proportionate deduction. Therefore, the company management's refusal to pay the professional charges is not legally enforceable.
Since the issue is not related to non-payment of salaries, you cannot raise a dispute in any of the labor forums. Instead, you can only file a suit for the recovery of your fees following the relevant provisions of the Contract Act.
From India, Kannur
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Since the issue is not related to non-payment of salaries, you cannot raise a dispute in any of the labor forums. Instead, you can only file a suit for the recovery of your fees following the relevant provisions of the Contract Act.
From India, Kannur
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