default in payment
There is one company http://myrefers.com/, which generally pay you if you are able to refer candidates to it partners. One of my candidate got selected and i was supposed to be paid around 78k, I have raised the invoice for it to this organisation but they have not yet paid me the money . What action should i take? I was supposed to be paid in Sep 2016 .
first refer term & condition of company in respect of payment . whether it mentioned place of jurisdiction ? arbitrator etc .send legal demand notice 4 payment
Dear Bhanu Singh
In my opinion first thing that you can do is to verify terms and conditions of contract, if any entered into between you and company.
In absence of contract you may be having some E-mails or corresponsence with company, preserve them they can play vital role in establishing your case.
You have raised an invoice on company so you can also file Summary suit under Order XXXVII of civil procedure code against the company for recovery of amount due to you apart from it you can also file Winding up proceedings agaginst the Company under Companies Act
However if there is any Arbitration clause between both of you than dispoute can also be refereed to Arbitration.
In all possibilities for initiating legal proceedings against the company for recovery of amount due to you, first thing that you can do is send legal notice to Company for recovery of amount due to you and in case if you opt out for initiating Winding up proceedings against the Company than same can be done after sending Statutory Notice as mandated by Companies Act.
Please feel free to contact me for any clarifications or assistance.
Adv. Vinit J. Mehta
It's a good case for filing of criminal complaint for cheating....file written complaint with police station in which said company is situated
The terms and the conditions of this company needs to be read very carefully and a proper understanding of them is necessary to find out whether you are eligible to avail any benefits – Rs. 78,000 in this case. The Terms of the company can be accessed here - http://www.myrefers.com/privacy
Few of the clauses in their terms which provides for disqualification of such claim are -
“Once the candidate referred by you is hired and has completed the evaluation period which could be usually is about 3 months (could be longer depending upon the practices of the employer), MyRefers will inform you about the same and you will be required to furnish your bank details to MyRefers,…….”
“In the event you are found to be cheating, attempting to cheat, or providing false information to MyRefers or the prospective employers, MyRefers shall not pay any accrued Karma Money and your membership in the MyRefers Program shall be terminated”
“Notwithstanding anything to the contrary stated above, your entitlement of Karma Money and MyRefers corresponding obligation to pay you any Karma Money for the jobs posted on MyRefers by your employer / principal shall be subject to the rules and policies of your employer / principal. Kindly check your employer's / principal's employee referral policies before referring any job listed on MyRefers by your employer / principal.”
As per these terms, after the completion of the course you will be entitled to claim the benefit which has been termed as Karma Money. There are possible scenarios mentioned such as cheating which can be employed by the Company to refuse payment. It is also advised that you must examine the contract or the terms and conditions shared by the compnay with you. The information mentioned above is freely available on-line and it is quite possible that they have provided more detailed terms to you as a person of interest.
Even after examining the terms you are not satisfied with the act of the company, you can send them a notice questioning the ground on which they refused to pay. If there is no response or the response is not satisfactory, you can file either a criminal complaint for cheating or file a case for the recovery of the amount due to you.
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