Terminating form job without prior knowledge
Respected Sir, My Name is Amit Kumar. I joined HCL technologies on 29/02/2016. I was working there as a Network Engineer on Third party employee. My employer told me that after 6 months of probation period you will sent to HCL on roll. by 1st march I started to go HCL sector 125 office. My project assignment has done and I got one month salary from Source one. On 6th april , I got a mail from My HCL reporting manager for contract closed. He has closed my email id, hcl login and all things without any reason he told me that, it was account issue. Now I am trying to call my parent company & HCL HR also but they are not giving me any feedback. I am living on rent. i do nt have money also. I want to know should , I ask them for compensation . 2. Can we bring HCL in labour court also. 3. Should I fire a case against my parent company only, because all recruiting process has been done by the HCL HR & technical team but offer letter and HCL deployment letter given by the Source one only. Kindly advice me , I have all offer letter , HCL emails , id card appointment letter.
Asked in Labour from Noida, Uttar Pradesh
1) your offer letter is given by source one
2) deployment letter is given by source one
3) you were appointed for 6 months probation period
4) you have no case against HCL as you were never employed by HCL
5) it is at discretion of management to confirm you on completion of probation period
you have right to ger compensation by filing a suit under section 72 of the contract act, this is breach of contract. according to work's man compensation act you can get compensation and atleast one month salary because no notice is given by the employer
File a complaint before labour commissioner, send a legal notice through counsel.
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Advocate, New Delhi
What does the contract say with regard to your probation and the duration of your assignment in HCL? Unless the contract has been brought to a premature end there is no case made out against the employer. Show the contract to a lawyer to obtain comprehensive legal advice.
You were employed by the contractor of HCL to work with them.
HCL is not your employer
Since your place of work was within HCL office, you were allotted with HCL email id and other necessary accessories essential to work with HCL office, it was an arrangement with the contractor who employed you temporarily.
You must refer to the conditions of the employment offer letter and your acceptance letter.
The HCL would have processed the recruitment, it has not offered you the employment instead the outsourced agency deployed you to work with HCL as per its terms of agreement with HCL.
Whatever grievances you have it shall be with your own employer and not with HCL.
You should ask your employer about this and the compensation too which may be for three months or one month as per the terms of your employment.
You can send a legal notice to your parent company seeking to redress your grievances and also the compensations due to your sudden ouster.
Consult a labor law practicing lawyer with all relevant papers before you plan to contemplate any action against any company.