Payment dispute
Thread poster: Marshall Lim

Marshall Lim
South Korea
Local time: 00:42
Chinese to English
+ ...
Nov 6

I was contacted by a recruiting manager from an agency offering me an English/Chinese simultaneous interpretation job for a 5-day event. I provided my resume, which I clearly stated that I'm Chinese citizen and is able to speak Mandarin, English and Korean, and cleared my schedule for the event as requested.

Then the PM contacted me offering more details regarding the job, all in a sudden, I was assigned to a English/Korean SI job, saying that I may also need to do Korean/Chinese S
... See more
I was contacted by a recruiting manager from an agency offering me an English/Chinese simultaneous interpretation job for a 5-day event. I provided my resume, which I clearly stated that I'm Chinese citizen and is able to speak Mandarin, English and Korean, and cleared my schedule for the event as requested.

Then the PM contacted me offering more details regarding the job, all in a sudden, I was assigned to a English/Korean SI job, saying that I may also need to do Korean/Chinese SI as well. At this point, I was given the impression that the Job was actually Korean and English but requires a minor portion for the Korean and Chinese SI, so I agreed and received the PO and prepared for the job.

Then I realized that there were two interpreters hired for the English/Chinese while I was assigned to the English/Korean SI job. I trusted the agency's judgement and prepared for the job when no materials in Korean were provided in advance. Then since I was interpreting with my own understanding of the content instead of largely reading what the booklet the audience received, the client filed a massive complaint as my interpretation was different from the booklet they received, which was then considered as poor quality.

So the agency told me the client cancelled my service on the first day thus they are not able to provide any payment as they received none from the client.

Up til now, it looks like I don't deserve any payout from the agency as I failed to deliver what the client wants. However, as I mentioned before, a minor portion for the Korean and Chinese SI may be required, which the agency did, they requested me to do the Korean and Chinese SI instead on the first day and the second day. However, as the client cancelled my service, the agency is now refusing to pay my service for Korean and Chinese SI altogether, which was requested by the agency instead of the client, is this reasonable for a prestigious company to refuse payment after requesting a job? What should I do in this situation? I'm willing to take the loss for the time preparing and the 3-day schedule loss during the busy season, however, I believe I have to right to pursue the 2-day payment as I delivered what the agency requested devoting my time and energy.
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Inna Ivanova
MAstudentMA
 

Nikki Scott-Despaigne  Identity Verified
Local time: 16:42
French to English
Client refusing to pay as not satisfied with quality of service provided Nov 6

The solution to this awkward situation will depend on the laws that apply for the agreement you have with the client.

You are in a situation where the client was not satisfied with the quality of the service you provided.
The client is using this as a reason not to pay you for the work you did do.
The client supports his refusal to pay by saing that his own client did not pay him.

Again, your contract should explain what happens in this situation. If it d
... See more
The solution to this awkward situation will depend on the laws that apply for the agreement you have with the client.

You are in a situation where the client was not satisfied with the quality of the service you provided.
The client is using this as a reason not to pay you for the work you did do.
The client supports his refusal to pay by saing that his own client did not pay him.

Again, your contract should explain what happens in this situation. If it does not, then there are probably legal rules and regulations that apply. Make sure that you submit your invoice.

Points that might apply are the following, depending on the terms of your agreement and/or law.
The contract or the law may inform you about what happens in these situations:
- in the event of a cancellation;
- if the client is entitled to cancel if it is not happy with quality;
- how good/poor quality is to be judged;
- check if your client is not in breach of contract;
- you should look to your contract to see what penalties may apply.

Other points that may be relevant:
- if the end client (your client's client) did not pay, whatever the reason, your contract is with your client. Your client should still honour the terms of your agreement. His agreement with his client is his problem.
- a contract and/or the law usually provides that the client should still pay you for Day 1 at least

A client not being happy with quality is a classic reason for them refusing to pay.
The fact that their client has not paid them (whatever the reason) is not a reason for them not to pay you, unless the terms and the conditions of the agreement say that is possible.

It would be helpful if you can get someone with legal experience to look at your contract and/or the law so that you know where you stand.
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Marshall Lim
MAstudentMA
 

Marshall Lim
South Korea
Local time: 00:42
Chinese to English
+ ...
TOPIC STARTER
Money matters Nov 6

Nikki Scott-Despaigne wrote:

The solution to this awkward situation will depend on the laws that apply for the agreement you have with the client.

You are in a situation where the client was not satisfied with the quality of the service you provided.
The client is using this as a reason not to pay you for the work you did do.
The client supports his refusal to pay by saing that his own client did not pay him.

Again, your contract should explain what happens in this situation. If it does not, then there are probably legal rules and regulations that apply. Make sure that you submit your invoice.

Points that might apply are the following, depending on the terms of your agreement and/or law.
The contract or the law may inform you about what happens in these situations:
- in the event of a cancellation;
- if the client is entitled to cancel if it is not happy with quality;
- how good/poor quality is to be judged;
- check if your client is not in breach of contract;
- you should look to your contract to see what penalties may apply.

Other points that may be relevant:
- if the end client (your client's client) did not pay, whatever the reason, your contract is with your client. Your client should still honour the terms of your agreement. His agreement with his client is his problem.
- a contract and/or the law usually provides that the client should still pay you for Day 1 at least

A client not being happy with quality is a classic reason for them refusing to pay.
The fact that their client has not paid them (whatever the reason) is not a reason for them not to pay you, unless the terms and the conditions of the agreement say that is possible.

It would be helpful if you can get someone with legal experience to look at your contract and/or the law so that you know where you stand.




Thank you so much Nikki. I just read the agreement that I signed with the company, they only mentioned that they have the right to deduct the payment when complaints are received. I believe the deduction for the 3-day, when I was supposed to provide English/Korean SI service, is reasonable for the situation, and for the first 2-day, when I provided Korean/Chinese SI service as requested by the company.

Now since they cancelled my service, the PO they previously sent me is no longer available according to their financial team, who will only issue any payment upon receiving a PO. It's a foreign agency, and they don't have a branch in Korea where I'm living. I'm waiting for their reply as the recruiting manager told me that he would discuss the issue with "management" and let me know if any other outcome possible. I'm thinking to push him again by using the actual clauses in the agreement if they don't reply to me within a week.


 


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