Retainership - company has not given his dues from last 9 months. Can he take legal action & where?

One of my friend working as on Retainer-ship with one of the comp.
As that company has not given his dues from last 9 months.
Can he take legal action & where? As he is not working as an Employee.
pl.advice.
Jayant

Dear Jayant Nisal,

Your friend was working under retainership but in what capacity? Was he a consultant?

Before availing of the services of your friend, did the company issue a Purchase Order (PO) or the Work Order (WO)? If not, then did they make any legally enforceable agreement?

Please provide us with more information. If the contract is not legally enforceable, then it is difficult to get justice.

Lastly, if the employer was not paying, then why did he continue to be there? How can anyone work without payment for nine long months? This is a mystery!

Thanks,

Dinesh Divekar

Hi,

As per the limited information available in your question we need to presume that your friend's sevices were hired by the Company on Retainer contract basis. If so there should be some Retainership contract should have been entered between your friend and that Company. If either party violates the terms and conditions of the contract it amounts breach of contract. Your Friend may approach Civil Court for remedy which might be time consuming process.

Waiting for dues for 9 month is pretty long time. Have your Friend contacted the Company if so whether the same is documented?. It is high time your friend should move forward.