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Hi all, I just wanted to share my bad experience and seek suggestions. I have 5 years of experience as an HR Generalist. Since I had a baby, I left that job. Now, I have joined somewhere as a freelance recruiter. I worked in June for 8 days, and then my employer relieved me for one month due to my baby's summer vacation. However, now he is denying to pay my salary for those 8 days, claiming that I did not perform well. When I spoke to him, he challenged me to get the salary for July as well, as he is also reluctant to pay for that month. The amount is not so significant that I should pursue legal action, and I do not want to go down that route.

Please suggest what to do.

Thanks,
Minakshi

From India, Delhi
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Hi All, I just wanted to share my bad experience and seek suggestions. I have 5 years of experience as an HR Generalist. Since I had a baby, I left that job. Now, I have joined somewhere as a Freelance Recruiter. I worked in June for 8 days, and then I was relieved for one month due to my baby's summer vacation. However, now my employer is denying to pay me for those 8 days, claiming that I didn't perform well. When I spoke to him, he challenged me to get the salary for July as well, as he is also refusing to pay for that month. The amount is not significant enough for me to pursue legal action, and I don't want to go down that path.

Please suggest what to do.

Thanks,
Minakshi

From India, Delhi
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Hi,

You have every right to claim the salary you are entitled to. As I don't have much experience, I am not in a position to suggest the right path. However, as a common man who can't understand your situation, I suggest that if legal action is necessary, please don't hesitate to go for it. If you don't take firm action or find a remedy, the concerned person may repeat the behavior in the future.

With Regards,

Mr. Thumbs Up

From India, Chennai
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When you say that you worked as a 'freelancer', did you work from home or go to the company's office on a part-time basis? Your posting is a bit confusing on this. This practice is only now catching up in India. It's very common in the West. Many Indians in India do freelancing for clients in the USA today.

Generally, in today's Indian context, though freelancing roles also need to follow the general rules and laws, there are usually a lot of grey/hazy areas in the whole employer/employee relationship vis-a-vis what one is used to in a regular working environment—for which all laws and acts have been designed and devised. The systems and processes for measuring work are just one of them. Since the individual is not in a formal office premises, it becomes difficult to measure performance/activity/output, especially in roles like you handled [Programmers are different as the work and output are clear]. Working hours are another.

And most often, there wouldn't be any formal documentation for such assignments, like one has Offer/Appointment Letters for regular staff. So proving what was agreed upon and what wasn't becomes difficult if things go wrong. From the freelancer's perspective, the only way to ensure such situations either don't occur or recur is to check out regarding the employer from sources available. 'Trust, Transparency, and Fairness' have a different and much deeper/enhanced meaning in these relationships.

Generally, what many freelancers focus on is all about the job and the money while deciding whether to accept any assignment or not, taking the three intangible attributes for granted. Coming to your situation, it's better to let go and learn from it.

By the way, you said 'amount is also not so much big'—were you working on a salary basis or per hour basis or per requirement/position basis? Be more careful to get things 'in writing' for everything that's agreed during telecons, which is usually the case for freelancing. Also, since you are doing recruiting freelancing, ensure clarity regarding the number of positions/requirements you are expected to handle and the timelines involved on a regular basis. In short, avoid communication gaps. And ensure you do some minimum checks about whom you accept assignments from.

All the best.

Regards,
TS

From India, Hyderabad
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