• Freelance work not paid by employer based in Bangalore

Dear Sir,
I need guidance on my issue related to freelance work done by me for employer based in Bangalore and they are not settling down the same. I have requested them multiple times, however nothing is happening. Looks like they have cheated with me.

I can shell out some money from my pocket to get this issue resolved ASAP.

Looking forward to hear from you. 

Regards,
Vikas
Asked 4 years ago in Labour

8 answers received in 1 day.

Lawyers are available now to answer your questions.

16 Answers

1) were the terms of contract reduced in writing?

2) do you have any evidence that X amount is payable

3) if so issue legal notice to company to pay your outstanding dues

4) if company fails to pay file summary suit to recover your dues

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Did you have any agreement with the company for the payment of your work and rate etc.?

Is there any use clause of your work related to payment?

You need to file a money suit in the local court for the realisation of the amount. For this purpose you need to send a legal notice to the company asking you payment including any legal fees ( you may do this by yourself or take help of a lawyer) and clear indication that in case you go to the court for non payment they will be responsible for any legal expenses.

Vimlesh Prasad Mishra
Advocate, Lucknow
6848 Answers
23 Consultations

4.9 on 5.0

Mr Vikas I have come across many cases like this. You need to send a legal notice through lawyer to the employer to comply with the norms.

All legal action can only be taken once notice has been served upon the entity or individual you wish to take to court. It is only this process that legalises bringing a matter to court. The intimation sent is known as a legal notice.

A legal notice is, therefore, a formal communication to a person or an entity, informing the other party of your intention to undertake legal proceedings against them.

This notice, when sent, conveys your intention prior to the legal proceedings and thus, makes the party aware of your grievance. Many a times, a legal notice served will bring the other party on heels, and the problem can get resolved out of court too, with fruitful discussions on both sides.

And, if the other party is still not heeding to the grievance, one can always start the court proceedings after a particular interval, as stated by the law.

Although a legal notice can service as a purpose of negotiations between the parties and save time, effort and money that are usually spent in court cases.

SHRI GOPAL VERMA

ADVOCATE ON RECORD

SUPREME COURT OF INDIA

Shri Gopal Verma
Advocate, New Delhi
312 Answers
5 Consultations

4.0 on 5.0

Please take note of the following -

1. Send them a legal notice asking for the due which is remaining at their end for the work done by you.

2. If they refuse to receive that notice or fails to oblige that notice then drag them before the competent court of authority for the same. There could be three possible competent court of authority for your subject -

(a) Arbitration provided it is mentioned in your agreement which you have signed with them for this assignment,

(b) Bangalore because the defendants are settled there and if there is any clause which says that the jurisdiction shall lie with the courts of Bangalore only,

(c) Vadodara provided there are no such clause of jurisdiction in the contract and you can prove that some of the work related to this assignment has been performed in Vadodara also. In technical terms it is known as cause of action. Any case can be brought up to that place only where something has happened.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Kindly send them legal notice asking for your money stating all facts related to work money pending and attach copy mail where you have received work order along with the payment terms and your mails requesting payment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

1) issue legal notice to employer to pay your outstanding dues

2) if company fails to pay file summary suit under order XXXVII OF CPC to recover your dues with interest

3) you dont have to visit labour court in bangalore for filing case

4) jurisdiction for filing case would depend upon terms of the contract

Ajay Sethi
Advocate, Mumbai
87932 Answers
6207 Consultations

5.0 on 5.0

Dear Sir,

It being a Civil case you can give Special Power of Attorney in favour of somebody who is residing in Bengaluru to fight on behalf of you. You may get issue a legal notice and thereafter file a case. Your email correspondence is recognized and acceptable by the Courts. Thus your having ample chances of winning. You may send your details to my email so that I can guide you properly as I am residing in Bengaluru city.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

Please take note of the following -

1. You need to hire an advocate of your own to send them a legal notice in relation to your case.

2. If they refuse to do so then you can come up with your case in Vadodara only. Reason being there are no such contracts which restricts the jurisdiction to Bangalore. However to bring up a case before Vaddodara you have to prove that some work has been done at Vadodara.

Further since you worked as a freelancer so your case would come before civil court and not before the labour court.

Pulkit Prakash
Advocate, Delhi
309 Answers
7 Consultations

5.0 on 5.0

Do you have any agreement or any terms for this assignment in writing?

If all the agreements were oral do you have any proof of your work or the previous payments?

With the proof or evidence you may first issue a legal notice demanding your dues, let them give a reply, you can plan to initiate legal action for recovery later on.x

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

On the basis of relevant documents in your possession you may first initiate legal demand notice after which you may plan to file money recovery suit.

T Kalaiselvan
Advocate, Vellore
78089 Answers
1543 Consultations

5.0 on 5.0

Hi,

You are suggest to send the legal notice for release of payment and if not release, file the recovery case.

Ganesh Singh
Advocate, New Delhi
6646 Answers
16 Consultations

4.5 on 5.0

If they are not ready to clear bills for your services file a summary suit for recovery in the civil.court where the company location is there or where cause of action according to section 20 of CPC is there. You can prove cause of action that work and refusal to pay for same has been done in Vadodara and file a suit at vadodara itself.

A legal notice can be drafted.by the legal.professional and can be sent giving them.time.of 15 days to clear dues.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Send a legal notice to them to seek recovery of all your dues.

Also with the dues, seek damages for the mental and physical harassment caused to you due to their act of withholding your legitimate dues.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

In case they do not comply with the legal notice, file a summary suit for recovery under Order 37 CPC.

First and foremost, send them a legal notice.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Send a legal notice to the said person and even if he does not reply to the said notice then you will have to file a summary suit for the recovery of the said amount that is not being paid by him

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

You have a strong case to make the claim and I hope that he will pay the money in furtherance of the legal notice

Anilesh Tewari
Advocate, New Delhi
17940 Answers
377 Consultations

5.0 on 5.0

Ask a Lawyer

Get legal answers from lawyers in 1 hour. It's quick, easy, and anonymous!
  Ask a lawyer