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Manish (Not yet )     12 May 2013

Fraud termination of job

Hi all I need some advise on my placement as a fresher

 
A company come to our campus took test an employ some students.
They provide offer letters to us we work there for 6 days due to our academics we need 2 or three leaves. The hr said we can't give you leave if you want I can extend your joining for two months after that when contacted they said all of ur batch is rejected due to misconduct and none of us had done anything wrong. They are also not providing actually what they consider in misconduct.
 
 
Due to this we were not able to take opportunity for other companies come to our campus we all felt cheated they wasted our time and obstruct our opportunities. 
Can I take a legal action according to indian labour law.
Pls help thanks in advance.


Learning

 6 Replies

Rahul Kapoor (Legal Enthusiast)     12 May 2013

hello,

have you people joined that company ? or signed any valid document ?

what is the nature of the company ?

Manish (Not yet )     12 May 2013

Yes we joined the company .There was just the offer letter which we sign. It states that company could terminate without any reason within 15 days but just mentioning it with no proper reason can they do it. we suffered a lot as we miss many oppurtunity because of them. Also no resignation is also signed by any of us.its a web development company they also give us a task to develop a website in mere 2 days to find a reason to fire us but we deliver it on time and they didn't review it. As if they were waiting us to fail. When they didn't succeeded they give us all leave( joining from the end of our last sem that s on June 15 but now when called for new offer letter they are saying this ) and now they are using bad conduct as their tool to fire us all. When we were on leave and no one was in company then how come we misconduct. They didn't sign or take any application of leave from us.

 

thanks for reply

V. VASUDEVAN (LEGAL COUNSEL)     13 May 2013

All of the affected students should write a representation to the College/Unilversity, to block the Company from further campus recruitment.

Vasudevan

Manish (Not yet )     13 May 2013

That we have done but want more legal action for them to teach them a lesson so that they won't do this for aanyone thanks for the reply.

Sudhir Kumar, Advocate (Advocate)     13 May 2013

college is having no authroity to copmpel obligation on them. The information so far given by you indicates that you had not joined so the employee/employer relation did not commence.  If the nearest available lawyer on seeing all papers considers it as a wrongful en-bloc dismissal then y9u can move to Labour Court/Disscourt as the case may be.

Manish (Not yet )     13 May 2013

Sir we did join and work for 6 days there on which they give us assign,ent which we also did.

i think there is flaw in these kind of cases which companies know and uses this to fraud recruit students to attract trainees by providing the developers a high payroll so trainees can join them that they will be recruited for same package after they complete the training from there. This is what they do. After when trainees has given fees they fire the developers as their purpose to attract trainees is served and they use us and trainees also for their benefits.

 

every 5 out of 10 companies are now a days specially small or new companies are doing this by using this flaw that you can't take action against them. And destroying students time and opportunity. They directly says on asking valid reasons for firing and to take legal action against them they openly say do what you desire we don't give a ****. There must be done for companies like these.


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