amar.salunkheDear friends, I work in a capacity of an HR consultant for an organisation. We have signed 12 months agreement. Our payment policy says monthly payment.
I worked for the given company till 22 March, the date from which the lockdown has been going on.
Now, 2 days ago, I called the client and asked for my payment to which he said he will not pay me at all for my services for the month of March.
What action should I take now?
From India, Bhubaneswar
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Seasoned Ir Professional
PRABHAT RANJAN MOHANTY
Hr & Ir
Madhu.T.KIn a contract of employment the days not worked can be taken either as paid leave days or unpaid days. But in a consultancy service such provisions will not be there. In fact the consultant is not an employee and as such he is not expected to follow the office mandates with regard to office timings, leave rules, reporting etc. If he does not turn up for a few days, the professional fee payable will be paid in full without any proportionate deduction. Therefore, the act of the company management reusing 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 labour forum but you can only file a suit for recovery of your fees following the relevant provisions of Contract Act.
From India, Kannur
PRABHAT RANJAN MOHANTYDear friend, You file a case in claim of your consultancy in court. As per the agreement or contract, your client is bound to pay for the period.
From India, Mumbai
rkn61As you have worked for your client upto March 22, 2020, you are fully entitled to receive your consultancy fee from your client for the month of March. Please go legally. Thanks.
From India, Aizawl