'Work out of goodwill': Singapore nightlife freelancers face delayed payments, unpaid dues

With 15 years under her belt along with successful gigs at countless big clubs and festivals, DJ Red has quite the resume.

Yet, even with such extensive experience, the 33-year-old, who also manages a group of disc jockeys, has not been spared from delayed payments and, in some cases, not getting paid for her work.

The DJ, who sports red-tipped hair in line with her stage name, is now owed about S$23,000 in unpaid fees from several clients, some of which date back to August last year.

That figure does not include other payments she has written off over the years, such as the S$2,400 owed by a now-defunct bar chain for the gigs she played in January 2024.

"I've had to write off amounts because they're so difficult to get back, mainly due to companies going bankrupt and closing down," she said, wanting to be known only by her stage name because she has been stalked in the past.

"It's nearly impossible to get the money back."

In Singapore's nightlife scene, booking a creative freelancer such as a DJ, a live band or a sound production crew for a gig can usually be arranged with just a few text messages over the phone.

It usually starts with a venue owner reaching out with a date and an offer price for the job, before the performance goes ahead as planned – sometimes even on the same day.

Freelancers who spoke to CNA TODAY said that such informal arrangements help speed up bookings and offer them flexibility, but they can also create problems since last-minute cancellations and delayed payments are commonplace.

Many of the workers said that the problem stems from longstanding industry practices, but the issue has recently drawn greater attention amid calls by the Visual, Audio, Creative Content Professionals Association (VICPA) and the Singapore Nightlife Business Association (SNBA) for clearer engagement practices and written agreements.

In May, the two associations urged nightlife businesses to adopt clearer contractual arrangements and fairer payment practices for freelance performers and creative professionals.

The groups said that better-defined expectations around key engagement terms – such as payment timelines, scope of work and cancellation policies – would help both parties align and can reduce misunderstandings or disputes.

CHASING FOR CASH

Similar to DJ Red, Mr Robin Chua, a 53-year-old DJ better known by his stage name KiDG, has also encountered errant operators.

His most recent experience involves a bar that closed during the COVID-19 pandemic.

He claimed that he was expecting around S$1,300 for gigs he played over a few months in 2019 and that he has made multiple follow-up attempts with the venue to settle his invoice, but to no avail.

"A lot of us DJs work in this industry out of goodwill, agreements and (mutual) respect," he said.

Another DJ, who did not want to be named because he did not want to strain relations with clients, said that he learnt the importance of having written agreements in the early years of his now 20-year career.

In 2004, when his employer made no indication of paying him after he had already worked for a month, he decided it was time to draft his own letter of appointment (LOA).

"It was not easy to get the company's signature (on the LOA), but because I was very persistent back then, so they just signed it."

He then submitted the document to the Ministry of Manpower (MOM), which contacted the business owner. The dispute was eventually settled privately and from what he recalled, he recovered slightly over half of the S$2,000 he estimated.

Since then, he has tried to persuade more employers to put down their agreements in black and white, but often, it is without success.

Mr Lance Ang, law lecturer at the Singapore University of Social Sciences (SUSS) and research associate at the University of Cambridge, said that businesses and freelancers may not always perceive the same need for formal contractual arrangements, because the benefits of written agreements may differ depending on their respective bargaining power and interests.

The risk of future disputes is often not top of mind when parties first enter into a working arrangement. Instead, they tend to focus on the immediate benefits of flexibility and the convenience of relationship-based arrangements.

Such arrangements are common across gig work more broadly, where engagements are often short-term and project-based, he added.

For the DJ who took his dispute to MOM, he has become more selective about whom he works with, relying on trusted referrals and long-standing industry relationships as a form of protection.

Even with some safeguards in place, many freelancers end up in situations where payments fail to materialise, leaving them with limited avenues for recourse.

One option available to them is to file a claim with the Small Claims Tribunals, which handle claims of up to S$20,000, or S$30,000 under special circumstances.

DJ Red, for example, said that she filed two separate claims between 2016 and 2019, successfully reclaiming around S$2,000 in each case.

However, for some creatives in the nightlife industry, pursuing formal action comes with a number of considerations.

Mr Surinder Mastana, 55, director at Fractal Events, who oversees a team of creative nightlife freelancers, said that concerns about industry relationships can discourage businesses from pursuing formal avenues to recover unpaid fees.

"Will I do another job for this client? Will this client badmouth us for taking this route? Reputation in the industry is paramount when getting new clients," he said of some of these concerns.

There had been outstanding balance payments reaching up to $65,000, which took several weeks of chasing to settle.

He mentioned that he did not consider legal action because the client had been upfront about their financial difficulties and maintained constant communication.

In a separate dispute, where all other avenues had been exhausted, he filed a claim with the tribunals, which eventually led to the partial recovery of money and the return of equipment loaned to the client.

Even when freelancers are granted a favourable outcome by the tribunals, enforcing the order can be another challenge altogether if the other party remains uncooperative or unresponsive, several freelancers told CNA TODAY.

In such cases, claimants may have to pursue further action through the civil courts, a process that can involve legal costs exceeding the amount in dispute.

This ultimately results in many freelancers having to absorb the loss and move on, particularly when the amount they are owed is relatively small.

WHY INFORMAL DEALINGS IN THE INDUSTRY EXIST

Players in the nightlife industry told CNA TODAY that the informal nature of how business is done is primarily due to the industry's fast pace, heavy reliance on referrals and word of mouth to secure talent.

Mr Ao Cheng, a 34-year-old guitarist, said that there are formal agreements for larger corporate jobs sometimes, but many smaller engagements still operate quite informally.

"Many bookings still happen through WhatsApp messages, calls and e-mails," Mr Cheng, who is also a band manager, said.

Sometimes, this could be due to time constraints, when some freelancers are booked just a few days before an event – or even on the day of the event itself.

On the other hand, nightlife businesses said that the issue is more complicated than simply getting both parties to sign a contract, even though freelancers pointed to unpaid and delayed payments as reasons for wanting clearer agreements.

Several nightlife operators told CNA TODAY that coming up with a more formal contracting process can be challenging, especially for small businesses with limited manpower.

Without a dedicated human resource unit or legal team, owners often juggle multiple responsibilities themselves, leaving little room for extra administrative work. That is why it is simply quicker and easier for businesses to confirm gigs through informal agreements.

Some operators also said that the industry's reliance on verbal agreements persists partly because both sides benefit from the flexibility.

Freelancers remain free to take on multiple gigs, while venues can bring in different performers depending on their programming needs.

Mr Wayne Lee, general manager of rooftop bars HighHouse and NOVA, said that informal arrangements have remained common because they have generally worked for both businesses and performers.

Based on his observations, some freelancers who perform across numerous venues each week are reluctant to deal with more paperwork.

Mr Lee, who is also secretary of SNBA, added that payment delays are not always caused by venue operators.

In some cases, freelancers fail to submit their invoices or supporting documents on time, preventing businesses from processing payments promptly.

"You won't believe this, but sometimes, I have to chase them to get paid."

Despite the challenges, Mr Lee believes that written agreements "are the way to go".

"We highly recommend that because it is the best way to ensure that both businesses and freelancers are protected."

Mr Surath Godfrey, co-founder of Blackbird, a restaurant featuring live music, said that many venues depend heavily on freelance performers because relying on full-timers can be costly.

Having a revolving roster of performers, he added, also helps venues offer customers a varied entertainment line-up.

Even so, he believes that the industry should move towards simple and easy-to-understand written agreements that clearly set out matters such as payment terms and engagement conditions.

At the same time, though, Mr Godfrey questioned whether contracts alone would be enough to resolve disputes over unpaid fees, when legal costs can easily exceed the sums in dispute.

He suggested having more accessible avenues for freelancers to recover unpaid payments in the event of disputes.

For Mr Alvin Lee, managing director of Sincity, negative experiences with informal freelance arrangements while working at other nightlife establishments prompted him to move away from such an operating model when he opened the nightclub in December last year.

Previously, he relied on verbal agreements with freelancers due to the difficulty of accommodating the artistes' differing requirements.

"It was difficult trying to cater to every freelancer's needs. Some wanted to be paid daily, others weekly. It became very taxing on our administrative team."

He also dealt with repeated last-minute cancellations, disputes over work arrangements, as well as instances in which freelancers expected payment despite failing to fulfil their stated obligations.

"Sometimes, if they don't show up, they will still expect to be paid, or they will complain about our deduction of their fees and threaten to dispute."

Today, Sincity uses standardised contracts for its full-time and part-time performers, It engages freelancers only on special occasions.

CAN THE INDUSTRY MOVE AWAY FROM HANDSHAKE DEALS?

In their joint statement in May, VICPA and SNBA urged businesses to use written agreements that clearly set out payment terms, a transparent scope of work and cancellation policies, in line with the Tripartite Standard on Contracting with Self-Employed Persons.

The associations also called for payment terms to be agreed upon upfront, opportunities for freelancers to negotiate contract terms, and access to mediation support in the event of disputes.

However, Mr Ang, the SUSS law lecturer, pointed out that although the tripartite standard encourages fair contracting practices, it is not legally binding, meaning that businesses and freelancers are not legally obligated to use written agreements.

Therefore, it might be difficult to convince both businesses and some freelancers to get on board and move towards formal agreements.

Mr Ang from SUSS also said that unlike jurisdictions such as the United Kingdom, Singapore lacks a broader category of gig or freelance workers who enjoy certain employment protections even though they are not employees.

"It would be challenging for market practices to change, unless a clearer legal framework is enacted to address this issue," he added.

For those who are on board with the idea of formal agreements, the experts said that an industry-wide standard-form contract covering matters such as payment deadlines and dispute-resolution mechanisms could help reduce misunderstandings and clarify expectations for both parties.

VICPA said that such a template containing these details is available on its website.

For now, freelancers who encounter disputes can seek support through the association, which said that it may engage clients on behalf of members to facilitate mutually agreed payment schedules and provide guidance on filing claims through the Small Claims Tribunals.

VICPA told CNA TODAY that based on the cases it has received, delayed payments are more common than outright non-payment.

Commenting on the challenges, Assistant Professor Benjamin Ong from the Singapore Management University's Yong Pung How School of Law said that freelancers should not be too concerned if their agreements with establishments are not presented as a formal, signed document.

"As a matter of law, there can be a clear contract without a formal document. An exchange of emails or WhatsApp messages is usually good enough.

"What is needed is attention to detail."

Asst Prof Ong also said that ambiguities over issues such as payment timelines, deliverables and when the work is considered complete can lead to differing interpretations, even when there is a written contract.

"If a text message says 'I will pay you in a week's time', does that mean seven days from now including today or excluding today?

"If a singer agrees to deliver three performances and to be paid 'on completion', does that mean that the singer is paid after each performance, or only after all three?"

He added that some agreements may appear formal and comprehensive, but they may omit important details or contain overly vague terms.

Ultimately, if an agreement has to be done orally, Asst Prof Ong suggested backing it up with a written message.

"If you make an oral agreement with someone, it is often worth following up with a simple message summarising the agreement. That way, if there is a dispute in future, that message is evidence of what was agreed on."

Source: CNA/ma/sf