Sir / Mam,
I am Archana from Mumbai (residing in Navi Mumbai & working in (Bandra)).
Since 2010 I have been working for IBM but through a vendor (Consultancy) on contract basis. From 2010 till 2015 Feb my contract with Manpower Consultancy (vendor) was renewed every year to continue my service with IBM. While recruting I was told that I would be absorbed in IBM Payroll after a year. I had prior experience of 10 years before I joined IBM, having done Bcom Graduation & Post Graduation in IT. My interview was done at IBM by IBM managers & no where the vendor was involved.
2015 Feb when the contract was to end with Manpower my contract was given to other consultant without informing / intimating me. On asking about the renewal status & internal approvals I wasn't given any idea what was been done. Since every year the renewal process took more than 1 month to be closed & the contract formalities were always delayed by a month or so I was under the impression that the same is happening this year too. Only thing I was assured was that your employment will continue in IBM.
To avoid my eligibility for gratuity my contract vendor was changed immediately after my 5 years completion with Manpower Consultancy (Old vendor). Since 8 months my full & final settlement is not been processed by the old vendor due to the gratuity approval issue.
In March I learnt that a new consultant will be taking up my employment contract which will be one time appointment & not on yearly renewal basis. But the new consultant had a unsatisfactory component breakup of pay. On discussing with the concerned from the new vendor they said its as per their rule to offer that. The breakup of exposing major portion of my pay to tax. Some lumsum amount is covered under some "Other Allowance" title. PF is only 6.84% of the basic being in Metro City.
Since more than 5 years working with IBM on contract basis has resulted in frustration & gives me a feeling of failure. There is no professional support or motivation from IBM at any point of time since I am on contract. Non of the mangers or internal staff had ever mentioned that IBM is not responsible for contractor employees career in IBM, instead the picture given to me was IBM will transfer or take on roll or even help employee change profile within IBM. This did take place in some contract employee's who started on contract with IBM but later were absorbed on roll so I trusted that. According to the vendor they have taken me just because IBM wanted me to be on their records and hence they do not know what my profile is. My career after starting work with IBM has absouletly lost direction & growth.
The clauses in the new vendors appointment letter no where mentions that I have been recruited for IBM or even that I will be deployed at IBM. Instead it mentions that I work for that company & should follow the rules & every other policies including holiday & working hours as per their company. But the fact is that even though its their holiday I am working since IBM is working & not having holiday Eg. Diwali holidays - Vendor had 1 week's holiday & IBM had only 1 day holiday. I was working for all those days & got only 1 day holiday. Now suddenly the new vendor is communicating that we have 6 days working and all Saturdays we have to work but in IBM it has 5 working days. The appointment letter has some points which I need your advice on along with guidance to get through legal way to fight for justice. Writing some concerns point wise for clear understanding:
1) In Letter no where employee deployment to client is mentioned so does it mean that the employee has work for two companies at a time i.e. for vendor & at the deployed client.
2) In cases where employee is been recruited by the client & the payroll is been directed through 3rd party which working hours / days or holidays are applicable to such employees. Are they suppose to follow both the companies rules & working durations. In the letter point# 5 mentions to follow the recruiting companies rules, working hours, offs, holidays etc. whereas the client has different offs or holidays.
3) If contract employee wants to leave the job whom they should submit the resignation - vendor or the company for whom they are been recruited cauz the letter doesn't mention any where about the employee been recruited for some one.
4) Need understanding on the Termination clause (Point # 9) as according to what I have understood from that point is that the candidate can resign with 1 month notice or pay 2 months salary & leave even if on probation or confirmed on roll. But at the same time the letter has other point #4 where in the notice period is asked to be 3 months i.e 90 days notice or salary after confirmation of service.
5) As per Point # 6 the employee is not suppose to take up any work for the client where as we are been deployed at their clients site only but without anything in written. Can we take any action legally against such dual approach. Is there any harm (legally or career wise) for us as an employee to accept such letter.
6) Neither IBM nor the vendor is doing anything for the career growth, how to tackle this so that either of the parties make sure that we progress in our profession.
Incase you need to refer the letter please let me know. As there is no option to attach document on this page unable to do so. However, have tried my best to mention briefly.
Looking forward for your guidance & advice. Please help.
I am attaching the appointment letter copy for your reference. Please take a look & help me with the right way to legally stand for my rights.