Pay Us On Time
I did it. I wrote a post about how independent artists and freelancers need to be paid on time.
Hey lovelies, back on here to truly vent about the issue of not being paid on time as a freelancer in the dumpster fire of a freelancing scene that is India. The land of holy cows, ancient temples, a megalomaniac Prime Minister and clients who insist on treating freelancers like errant children undeserving of affection or respect, entitled to payment only when we display obedience or follow up like somebody begging for a favour.
All in all, just a terrible way to exist. I know we’ve got bigger problems in India like the systemic deterioration of democracy, increasing crimes against minorities especially the Muslim and Dalit communities, heavy radicalisation of the country’s capital New Delhi, police brutality against university students and unlawful citizen and activist arrests, gross mismanagement of Covid’s second wave that devastated the country and brought it to its knees— the list truly goes on.
But today, I want to talk about two things. 1) Why Indian freelancers are taken for granted and never paid on time and 2) How can we make sure we do get paid on time and become more discerning about the people we choose to work with.
Why do we not get paid on time and are made to feel like we’re asking for a favour everytime we do ask for payment? Several reasons for this.
No matter how progressive or “woke” the client is, majority of companies still are controlled by cishet, Savarna, primarily male bosses who still have a Feudalistic approach to employees (I don’t think they entirely understand the concept of a freelancer; I’ve often asked to be a full-time consultant).
Freelancers are not taken seriously enough due to the sheer competition and most people agreeing to do what you do at a much more subsidized rate
The legal framework is murky and the balance of power is skewed. Companies are aware that even in case of a breach or violation of contract, an individual simply doesn’t have the power to pursue a legal route
Freelancers are a member of the unorganized job sector and have no job security or health benefits or Provident Fund benefits which leaves the individuals unprotected and uninsured against any real life problems
If you’re too pricey off the beat (Read: simply demanding a contract and/or basic legal protection), you run the risk of being written off as too demanding and/or can lose the gig to a cheaper candidate. They might suck but the client doesn’t care since they have a bottom line and a boss of their own to impress.
What can we do to be treated with basic dignity and respect as a freelancer in India (which involves getting paid on time, getting compensated for anything beyond the previously decided scope of work, etc.)
Do the homework on the company: The best way to ensure you get paid in a timely manner is to work only for reputable, well-funded companies that treat freelancers with dignity and respect. This requires due diligence. Before you respond to a request or knock on a door, you need to establish that the company can pay you and will pay you. You need to find out if they’re honorable, scrupulous folks, or if they’re the kind of folks who will invariably find a ‘problem’ with your invoice. The bottom line: Don’t work with clients who have a bad reputation. I’d done a Treatment Note for an ad film I had done for an agency called Prodigious - pretty global, blah, blah blah - took two months to process a payment of 25k, while making me courrier a hard copy for the invoice so they could process a payment order and then made me re-share my invoice several times, previous tax information of the last three years, proof that my pan card was linked to my aadhar card, etc.
Get it in writing: Before you start working on an assignment, you need a contract that lays out the scope of the project, the payment terms, and the expectations for both sides. Don’t believe in a handshake. Informal agreements are the source of almost every payment problem, so be sure to get everything in writing. For small projects an email chain will often suffice, but for longer engagements it’s worth talking to a lawyer. Most freelancers have a standard template contract that they alter for different clients. Recently, we at TBD Collective finished a project that took a year to complete and we still don’t have a contract for it. We got lucky that the Director is somebody we can trust and we will get paid, eventually, but working without a contract is not something I plan on making a habit of.
Get organized: Next, you need to consider how you will bill your clients. There are many ways to go about it and there are pros and cons for each. Choosing to be a truly independent worker and handling all the invoices on your own requires more bookkeeping — and potentially more headaches — but all profits go to you. On the other hand, being part of an online talent platform that connects buyers and sellers — means less legwork and less paperwork because they collect the money for you; however, these platforms also take a cut of your earnings. Regardless of what you choose, it’s smart to seek out the advice of an accountant from time to time. I know I have one who helps me with my taxes every year.
Invoice early and often: Regardless of your client’s payment terms, establish your own billing cycle that’s frequent and predictable. Bill on a weekly basis or every time you finish a bit of work. Billing often is a signal that you consider your time valuable. For longer-term projects, I suggest invoicing at predetermined milestones along the way so that you are guaranteed payment at certain points over time. Milestone payments not only help you manage your cash flow, they are also a tool for communication. They make sure you and your client are both aligned and satisfied. Whatever you do, don’t agree to terms that involve your getting paid only upon the full delivery of the work. You don’t want to work for three months on a project only to have the client say, ‘I hate it. And I will only pay you for 50%.’
Establish your professionalism: Earning your living as a freelancer requires that you treat yourself like a business. Don’t do slapdash work, don’t forget to invoice and don’t be careless in your communications. Getting paid is contingent on the quality of your work and the quality of your relationship with your client. On a related note, don’t work for free. Remember this any time you’re “invited” to give a free webinar or moderate a panel gratis. Talk plainly and in businesslike terms about your fee. Establish the value of your work.
Follow up: If you’re vigilant on your end, it sets expectations on theirs. If you’re following up and no one is responsive, escalate to a phone call or go to the office in person. Usually, I do strongly worded emails. Work your way up the food chain and take it to the top of the executive leadership if you need to. Your emails and calls about late or missing payments serve as documentation of your efforts to be paid.
Hire a lawyer: f you’ve tried everything and the client is still not paying, it might make sense to engage an attorney. It’s not a straightforward decision, however. Mostly it’s a cost-benefit analysis that involves calculating the amount that’s owed you, your odds of success, and the hassle of hiring — and paying for — a lawyer. In the States, a new, first-of-its-kind law in New York City gives freelancers a ray of hope. The law stipulates that for jobs paying $800 or more, freelancers must be paid either by a specified date or within 30 days of completion. The other big component of the law provides recourse for instances in which clients fail to pay. If it goes to court, the law mandates double damages and attorney fees be awarded if the judge rules in the freelancer’s favor. The Freelancers Union is working on getting the law passed nationally. In India, we have nothing. I’ve tried hiring a lawyer in the past when I got screwed over two back to back contracts— one with Conde Nast’s video team, mind you so big guns and was advised by a senior lawyer to do an out of court settlement “and take what they were offering.” Most lawyers in the Indian legal system are also quite feudal, jaded and will side with whoever has more money. Maybe, find yourself a better lawyer. It only makes sense to do so if there’s enough money at stake. Hit me up if you want contacts for an IP lawyer who’s well versed with the Contract Act.
Get contracts vetted: I know it’s near impossible to have each and every contract vetted but figure out a system with a lawyer (friend) at a subsidized cost and get your contracts vetted. They’re never in your favour and the least you can do is know exactly how is the contract working against you.
Good luck and more power!
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