The remedy is to file a suit for recovery of money in the civil court to recover the principal amount with interest. Unless the other party can prove that you breached the contract it cannot legally justify the withholding of salary.
Breach of "Contract for Freelance Data Transcription"
Under this contract, I am supposed to type 250 pages from a photoimage provided to a MF Notepad software (also provided), in 25 days, which I do submit on time. But they do not pay me for the time and effort put in day and night. They always site it as inaccurate work as an excuse not to pay. when asked as to why I am not getting back the work for rechecking and correcting the errors, they say that the 'silver plan' I have subscribed to does not allow that, whereas the contract, signed by both parties, does mention one para on QC where re-work and re-re-work is mentioned. When I pointed out the same, they just responded as follows: Hello Freelancer, We are not happy to inform you that Re-work chance will not be provided in Silver Plan. Customer Care, Of date I have submitted 2 workloads and have spent 25 tireless days & nights, working on this assignment, each time. And I end up not being paid. What scope do I have to in this case to get the remuneration for all this hard work? Please advice as to what I can do in this case ASAP. Thanks and regards Shobhaa
Asked 8 years ago in Business Law
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7 Answers
1) what is the amount due to you ?
2) you can issue legal notice to company to pay your outstanding dues
3) if company fails file suit to recover your outstanding dues
Thanks for your responses Mr. Ashish Devessar & Mr. Ajay Sethi! The amount due to me is Rs 100/- per page. My question is that if the signed contract says that I will get a chance to re-work and re-re-work (that is two attempts at correcting the errors), then are they not answerable to that and can I not do something legally???
Asked 8 years ago
1) terms of contract are sacrosanct
2) company is bound to give you 2 opportunities for correcting errors as provided in the contract
3) you can issue legal notice to company to pay your dues as advised earlier
This is breach of contract, fraud and cheating.
For this you ca lodge criminal complaint of cheating and criminal breach of trust in the local police station.
If the person concerned stay outside India lodge complaint with Indian consulate and investigating agency of thier city.
You will get result.
Of date I have submitted 2 workloads and have spent 25 tireless days & nights, working on this assignment, each time. And I end up not being paid.
What scope do I have to in this case to get the remuneration for all this hard work?
You have contracted a job work with the terms and conditions in the agreement duly agreed by both parties.
The refusal to pay you the remuneration/due amount after having extracted the work from you on some flimsy reason is nothing but a fraud played by the other party which amount to cheating as well as breach of contract condition.
He cannot decide about the faulty work on his own without giving you a chance to know about the error or fault in it or explain the fault or rectify the same.
The silver plan is an excuse to shield to protect himself from any legal action in this regard.
This cannot be accepted in law.
You may issue a legal notice demanding your dues for the work you have undertaken so far and may express that you are terminating the contract with immediate forthwith due to breach of the terms of contract by him.
If there is no proper response or he is not complying with demand made, you may either file a recovery suit in the civil court or before a consumer forum along with compensation for the mental worries he caused to you.
The amount due to me is Rs 100/- per page. My question is that if the signed contract says that I will get a chance to re-work and re-re-work (that is two attempts at correcting the errors), then are they not answerable to that and can I not do something legally???
Until you do not initiate any legal action on this you may not get any relief or respite.
Therefore you may have get into legal action immediately because he has not abided with the terms of the contract and he is trying to defraud you. On a background verification about him or his company you may get more information about such incidences in the past, hence do not spare especially in view of the hard efforts you have put which have been disregarded.
If the effect of re-work is that you honoured your part of the obligation under the contract then you can successfully sue them.