jurisdiction for payment of salary
Hello, I rendered software services to my client in UK. We worked for 9 months and out of that I was paid for 7 months. I was not paid for the last two months. Client is saying he will pay up but now payment is almost 4 months due and he is non committal on when he will pay. The company is registered in UK and hence I think the jurisdiction will be UK and we may have to file case in appropriate legal cell in UK. As of now I'm totally unaware about the process and looking out for some starting help. Let me know how you can help in this matter. Regards, K
Hey, since you rendered them your services, you ought to be paid. Now, if you had signed a contract; that would have clarified your doubts regarding the jurisdiction. If you didn’t, then you must have realised the importance of these Contracts. However, the jurisdiction would have been in some other Country if the parties had such a provision. But, since that is not the case, the jurisdiction would lie in UK.
Now, the case would come under Supply of Good and Services Act, 1982. Sec. 11F of the talks about remedies for breach of Contract, under this, you can either claim damages or in case the breach is material (which it is not), reject any goods delivered under the contract and treat it as repudiated. Now, there is a need to establish that there was a contract to pay you for a certain consideration (trade off). If you had a fully written contract with you, there would be no issues while claiming money from the client. However, if you have no idea about contract, then you need to prove that you worked for the Company and weren’t paid. You may use emails by the company or anything that would substantiate your case against them. You need to prove that there was a service rendered and no payment was made.
Once, that is proved, Sec 15. of the Act states that, “where under a relevant contract for the supply of service, the consideration for the service is not determined by the contract, left to be determined in a manner agreed by the contract or determined by the course of dealing between the parties, there is an implied term that the party contracting with the supplier will pay a reasonable charge.”
So, the Company is bound to pay you your dues if you prove the following in front of the Court:
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