Retainership Dilemma: Can My Friend Take Legal Action for Unpaid Dues Over 9 Months?

One of my friends is working on a retainer-ship with a company. However, that company has not paid his dues for the last 9 months. Can he take legal action, and if so, where? It's important to note that he is not working as an employee. Please advise.

Regards, Jayant

Dear Jayant Nisal,

Your friend was working under retainership, but in what capacity? Was he a consultant?

Before availing of the services of your friend, did the company issue a Purchase Order (PO) or a Work Order (WO)? If not, did they make any legally enforceable agreement?

Please provide us with more information. If the contract is not legally enforceable, then it is difficult to get justice.

Lastly, if the employer was not paying, then why did he continue to be there? How can anyone work without payment for nine long months? This is a mystery!

Thanks,

Dinesh Divekar

Hi, As per the limited information available in your question, we need to presume that your friend's services were hired by the company on a retainer contract basis. If so, there should be a retainer contract entered between your friend and that company. If either party violates the terms and conditions of the contract, it amounts to a breach of contract. Your friend may approach the civil court for a remedy, which might be a time-consuming process.

Waiting for dues for 9 months is quite a long time. Has your friend contacted the company? If so, is it documented? It is high time for your friend to move forward.