Financial disputes often arise between specialists who work with companies as sole proprietors. How to resolve them and what to pay attention to when signing a contract - further in the article.
Self-employed workers. Procedure for resolving the conflict
Correspondence and evidence collection
First of all, it is worth understanding that the relevant relations are not regulated by labor legislation, but by the norms of commercial law. And you need to act precisely as an entrepreneur.
It is necessary to analyze the situation first, and solve the problem gradually. You can start with a letter. It should be sent to the company with a proposal to discuss the debt. In case of ignoring, you need to proceed to a legal mechanism, for example, a claim.
Claim
This document means something like this - "return the money, otherwise I will go to court." In addition, the claim can indicate the calculated penalty (if there is one in the contract), 3% per annum and inflation in case of unfulfilled monetary obligations. The claim will essentially be useful during the court hearing.
The document should describe the reasoned claims. Even if the claim is not answered, the preliminary submission will demonstrate the sequence of actions of the plaintiff's party during the litigation.
In addition to the claim, it is worth collecting evidence of the services provided, as well as existing debts.
The most effective evidence is the acts of services rendered. Any judge will ask for it. In the absence of a document, it is necessary to collect the evidence that confirms the fact of the provision of services (letters on the project, employer reviews). Sometimes employees may have data from the time tracking system, emails from the employer who received the services.
Don't rush to court.
The company can easily terminate the contract with the entrepreneur. Therefore, it is better for a specialist to protect himself, and during working moments not to neglect making contractual amendments, clarifying technical specifications (TS), and saving letters. This can serve as a guarantee.
The TOR is the main document, it records the requirements. It is worth not only agreeing, but also recording intermediate results, and correspondence is necessary for their quality.
In general, any evidence is needed to confirm that the individual entrepreneur did everything correctly. And non-payment of funds is the employer's problem.
It is necessary to pay as much attention as possible to the contract concluded by the parties. The Act of Acceptance and Transfer of Services should clearly indicate the scope and terms of the services provided. The customer pays a guaranteed minimum for the services provided. In addition, the procedure for submitting claims regarding the quality and scope of services should be specified; penalties should be specified when financial obligations are not fulfilled on time.
It is better to require the contract to specify things such as:
- the company's obligation to provide all necessary materials for work, so that any delay on the part of the individual entrepreneur due to the lack of materials is not considered a breach of contract;
- transfer of intellectual property rights not when the objects are created, but from the moment of payment for the work (so that there are no delays);
- the possibility of terminating the contract early at the initiative of the individual entrepreneur. He must notify the company in advance (so that the individual entrepreneur is not obliged to work until the project is completed);
- a list of confidential information (so that publication of payment delays is not a violation);
- correspondence (may serve as evidence in the future).
Based on the above, if the individual entrepreneur is not sure that he is right, it is better not to start a feud. If there is enough evidence, then you can go to court. In addition, the help of a lawyer will not hurt.
Trial period without contract
It happens that companies hire employees for a trial period without drawing up a contract. And after the term is up, they say goodbye to the specialist. Of course, without the promised remuneration. In this case, you can file a lawsuit in court.
According to the legislation, strict sanctions are provided for the employer. This can be a fine of 30 times the minimum wage. The reason is the admission of an employee to work without formalizing employment relations.
In conclusion, you should always carefully read what you sign. Don't be afraid to stand by your words. However, to punish an unscrupulous customer, you need to collect evidence.
If you need legal assistance, you can find information about counseling on the page Wage Collection through Court.