I am a permanent employee of XXX and working for its client. However, I never felt like a permanent employee because I neither had any ID card nor email address of XXX.
On 31st December 2015, the client ended the contract with XXX as they decided to scrap the complete project, and XXX stopped paying me salary. They even didn't give salary for the month of December and kept it on hold.
As a permanent employee, I would expect salary from my employer even if there wasn't any client as we both are bound under a 30-day notice period. I tried to reach HR, but they became unresponsive and stopped picking my calls.
Before joining XXX, I had worked with companies like Microsoft, Fidelity, and Wipro as a permanent employee and never thought I would be cheated so badly. Now, I am thinking to take some legal action against them. Please guide me on how I can take any legal action against XXX.
From India, Bengaluru
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On 31st December 2015, the client ended the contract with XXX as they decided to scrap the complete project, and XXX stopped paying me salary. They even didn't give salary for the month of December and kept it on hold.
As a permanent employee, I would expect salary from my employer even if there wasn't any client as we both are bound under a 30-day notice period. I tried to reach HR, but they became unresponsive and stopped picking my calls.
Before joining XXX, I had worked with companies like Microsoft, Fidelity, and Wipro as a permanent employee and never thought I would be cheated so badly. Now, I am thinking to take some legal action against them. Please guide me on how I can take any legal action against XXX.
From India, Bengaluru
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If you are a permanent employee, you are entitled to a notice period as specified in the appointment letter. Further, there must be a specific termination, with reasons, etc. Since your salary is more than 18000, you are not covered by the Payment of Wages Act. I think the Industrial Dispute Act also does not apply. So in the end, your options are limited to a legal case, which is expensive.
However, the Chennai High Court has allowed a software engineer to take up a matter against TCS under the Industrial Dispute Act, so it would be a good idea to meet the local labor commissioner and seek his help. Also, speak to NASSCOM. They have a National Skill Registry, and they would have a grievance cell.
From India, Mumbai
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2638However, the Chennai High Court has allowed a software engineer to take up a matter against TCS under the Industrial Dispute Act, so it would be a good idea to meet the local labor commissioner and seek his help. Also, speak to NASSCOM. They have a National Skill Registry, and they would have a grievance cell.
From India, Mumbai
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Pl visit will the local labour officer along with all the supporting proof and register a case there.. if possible also file at RTI.
From India, Jharsuguda
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From India, Jharsuguda
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Please explain how filing an RTI will help him get his salary.
From India, Mumbai
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From India, Mumbai
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Hello Prashant,
How long were you with this company? Being a permanent employee for a few months is different from being a long-time employee - meaning the choices, though available, would depend on 'how far' you need to or can go.
I too have heard of other similar cases recently about this company.
Regards,
TS
From India, Hyderabad
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How long were you with this company? Being a permanent employee for a few months is different from being a long-time employee - meaning the choices, though available, would depend on 'how far' you need to or can go.
I too have heard of other similar cases recently about this company.
Regards,
TS
From India, Hyderabad
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Hi Saswata,
Thank you very much. I will try to search and meet the labor commissioner if Collabera is not responding. Additionally, can't we go ahead and file an FIR against the company for fraud in denying what's mentioned in the Offer Letter or the true rights of the employee?
From India, Bengaluru
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Thank you very much. I will try to search and meet the labor commissioner if Collabera is not responding. Additionally, can't we go ahead and file an FIR against the company for fraud in denying what's mentioned in the Offer Letter or the true rights of the employee?
From India, Bengaluru
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Hi Sateesh,
I have spent around 10 months in this company and completed the probation period, after which I am bound to a 30-day notice period, and so is the company. For now, I just want to resolve this issue through discussions, but in the worst situation, I would consider legal action.
Thanks.
From India, Bengaluru
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I have spent around 10 months in this company and completed the probation period, after which I am bound to a 30-day notice period, and so is the company. For now, I just want to resolve this issue through discussions, but in the worst situation, I would consider legal action.
Thanks.
From India, Bengaluru
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Dear Prashant This is a disoute not a fraud, unless you have proof that this was intended to mislead. The police are not going to take a FIR in this case
From India, Mumbai
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From India, Mumbai
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Mr. Banerjee has rightly said that filing an FIR will not yield more; going the legal route will be expensive and time-consuming for you in your case against the company. If the amount at stake is substantial and you have to fight for it, then it is advisable to proceed.
From India, Ahmadabad
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From India, Ahmadabad
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Hello Prashant,
I hope you understand the reason for my inquiry about your duration of working here now. As Saswata Banerjee and Saji mentioned, if the amount involved is not very high (I know this is subjective, and only you can make a cost-benefit decision), just let it go and learn your lesson - do some due diligence about a company and the long-term options in it before you join.
All the best.
Regards,
TS
From India, Hyderabad
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I hope you understand the reason for my inquiry about your duration of working here now. As Saswata Banerjee and Saji mentioned, if the amount involved is not very high (I know this is subjective, and only you can make a cost-benefit decision), just let it go and learn your lesson - do some due diligence about a company and the long-term options in it before you join.
All the best.
Regards,
TS
From India, Hyderabad
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Salary sheet permanent January 2012.xls
Salary-Note.doc