Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Prashant.1704@gmail.com
Lead Consultant/it
+1 Other

I am a Permanent employee of XXX & 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 Dec 15 client ended the contract with XXX as they decided to scrap complete project and XXX stopped paying me salary, they even didn't gave salary for the month of Dec 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 30 days notice period.
I tried to reach HR's 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 will be cheated so badly.
Now I am thinking to take some legal action against them.
Please guide how can I take any legal action against XXX?
If you are a permanent employee, you are entitled to notice period as specified in the appointment letter.
Further, there must be a specific termination, with reasons, etc.
Since your salary is more then 18000, you are not covered by 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, chennai high court has allowed a software engineer to take up a matter against TCS under industrial dispute act, so it would be a good idea to meet the local labour commissioner and take his help.
Also, speak to nasscom. They have a national skill registry, and they would have a grievance cell.
Pl visit will the local labour officer along with all the supporting proof and register a case there.. if possible also file at RTI.
Please explain how filing an RTI will help him get his salary.
Hello Prashant,
How long were you with this company?
Being a permanent employee for a few months is different from a long-time employee--meaning the choices, though available, would depend on 'how far' do you need to or can go.
I too have heard other similar cases recently about this Company.
Rgds,
TS
Hi Saswata,
Thanks a lot, I will try to search and meet labour commissioner if Collabera is not responding.
Also, can't we go ahead and file FIR against company for the fraud for denying what's mentioned in Offer Letter or the true right of employee.
Hi Sateesh,
I have spent around 10 months in this company and completed probation period after which I am bound to 30 days of notice period and so is the company.
For now I just want to solve this issue by discussions but in worst situation I would go for legal actions.
Thanks.
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
Mr. Banerjee has rightly said filing of FIR will not fetch more, going legal will be expensive and time consuming for you against company. If you the amount is huge and you have to fight it out then only it is advisable.
Hello Prashant,
Hope you get the reason for my asking about your duration of working here now.
Like Saswata Banerjee & Saji mentioned, IF the amount involved is not very high [I know this is subjective & only YOU can take a cost-benefit decision], just let it go & LEARN your lesson--do some due-deligence about a Company AND the long-term options in it BEFORE you join.
All the Best.
Rgds,
TS
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