Legal advice pls ....is it worthwhile ?
my nephew was wroking as a freelancer business development executive for a contracting company to get MEP work. He was not sponsored by them, but as freelancer.
he got a letter from the employer - any work he bring will get 1% of commission. In the letter it is mentioned about only business development, nothing else.
he got 2-3 jobs for the company ; for which the proposals were made by the Estimator of the Employer as per their profit margin calculation.
Now the employer refuse to give the agreed amount, saying various lame excuses. - the profit margin is not good ; there is some unexcpected loss ; the project was not exacty his busines development.
Later he procured a letter from the other company, whose GM clearly says, due to my nephews interaction the job was awarded. Also there are 50 emails communication by them... there are clients direct faxes, emails in his name
Can he go to a court for the compensation ?
He worked as freelancer wtihout sponsorship will be proved as a crime then ? ( Now he got good job and changed sponsorship also stopping all sort of freelancing )
any legal expert may reply
He was FREELANCING!!! That is ILLEGAL!!! He can get arrested and deported or heavily fined and deported for working ILLEGALLY as a FREELANCER!!! Which part of this post is so difficult to understand???
it is in the format of employment offer letter, CLEARLY mentioing the percentage
(2) there are "N" number of emails between him and the
clients.. he was given a company mail id, though he
was not sponsored by this company. also businss card
(3) There is a mail from the client ( who has awarded the
project ) clearly saying his role in the finalisation
Is labour office is near Almontaza Petol station C-Ring road ?
Does the offer letter or contract clearly state that he will get the 1% commission for any job brought?
If yes, you can chase this amount,
If, no, then it was just a hollow promise, and you don't get this amount, even if the clients vouch for his efforts.
Wilson,
Is he a local hire? I suggest once more, before getting a lawyer (which is more expensive than what your nephew might get from the company he is after) is TO GO TO THE LABOR DEPARTMENT. IF EVERYTHING IS LEGAL ABOUT THOSE STUFF, you can get CLEARER IDEA about the rights of your nephew. Hope i helped. Best of luck.
= some friends advised me,,, the sponsorship issue is not
a big deal...curently he has legalized his status, and
now with a sponsor - what happened is a past story.
= yes, there is a wrttin agreement - offer letter -
= one of the Client has sent him an email - underlining
his role in getting the project
is this not suffcient to approach Legally ?
If there was no offer letter and the job was a word by mouth only, no one can claim anything against anyone for that matter. Here, contracts are very important. Just think of this thing my friend, forget about the freelance job. He is good as business development manager or any other field, he can find a better company. Just think that somehow you help the company get clients. Best of luck...
thankyou dodi :-)
First of All..
1. Freelancing is not valid here.
2. In the letter he received, is it 1% of profits or 1% of total contract amount. If its profits, he gets nada.
3. Even if its total amount, unless its in millions, he gets nil coz he will be paying more for breaking the law and working outside his sponsored company.
4. Hes got a job and has given up freelancing, let bygones be bygones.
5. Plz dont insult commentors by totally ignoring or straight out negating their comments. While it wont get you kicked out, your next qn is likely to remain unanswered.
thats the point isale, they filter the truth that suits their needs and then decide to take an action, only to fall on their face, and waste money eventually.
truth usually hurts.
han, some like to get the advise that they like, not the truth :)
isale and sambs, thats not professional advice or legal expert's advice :-(
the person offering legal advice here, has asked them to meet at their office, and did not even offer advice.
I believe its not there
if you want opinion from a legal expert, go to one of the registered law offices, pay some money and get the advise that you want......
Not a chance, you will not even get a dime, on the contrary you might be accused of working for another company and they might even force you to pay money as a penalty. So my advice is either you threaten the person who refuses to give you the commission by canceling the projects your won over or you can simply cancel the projects and walk away.... This is sad but true!
hee hee
Now that's how you should insult somebody's advice, just ignore it.
All the best getting experts or specifically lawyers on this site.
Mods, please remove my advice......it's wasted here.
..any experts ?
Wilson, how much are you talking about here? You said 2-3 jobs and 1 %commission. Moreover the company estimating official did the estimate for the jobs. If the commission is not mentioned in any official communication, then you really can't chase after it.
If he was working freelance, then under whose sponsorship was he originally under, father's or some other company?
Last, he has already got a job and has changed sponsorship, and has stopped his freelance job, then is it worth chasing after this money?
Here you will get all sorts of responses, it's better to meet a lawyer and get professional advice.