KKY 14 September 2016

On roll employee, employer not paying after keeping me idle

Hello,

I need advice urgently. Please help me...!!
I am on roll of Source One Management Pvt. Ltd. which is Third party service provider to HCL Technologies.
I signed a contract with Source One, Where it was mentioned that i will be paid as i am employed with Source One and they can deploy me on client site. I was deployed with HCL Technologies on a project and after working there i was released from that project, i informed my employer(Source One) regarding this but they did'nt bother about my situation that i had been released from that project with HCL Technologies and sitting idle at home where it was source One's professional obligation to redeploy me on another project and utilize my skill for which i was hired but they kept me idle and did not redeploy me on another project despite my several email where i mentioned the situation.

In other words, a contractor(Source One) hires a person on his roll and place him on client site but client then release him however the person is still on contractors payroll and contractor did not redeploy him anywhere else and kept him hired and idle and now when i say that you(contractor) kept me idle and due to my contract with them(contractor) i could not have joined any where else so its there professional obligation to pay me for the employed days.

But they say the client(HCL) has given them my attendance of just 7 days before releasing from there project so they are liable to pay me for 7 days only.

So my question to them if i am employed by you(source One) why should i be bothered about the deal between the contractor(source One)and their client(HCL). i told them that i am employed with Source one and hence they did not utilize my skills and kept me idle despite my several reminder emails for 2 months they are liable to pay my salary. why should i care what they receive from their client or not. On to the top of that due to my contract i could not have joined anywhere else as i am employed with source one the clause say while i am employed with source one i can not join anywhere else so if they holded me and kept me idle where should i go for salary.

They say their client(HCL) attandance dump is final while i say that i am employed with you so you pay me salary why do i care what HCL say.

AM I WRONG IN THIS?? KINDLY SUGGEST ME SHOULD I EXPECT SALARY OR NOT. DO I HAVE LEGAL RIGHT TO ASK THEM FOR MY SALARY PLEASE SUGGEST ITS VERY URGENT.

Thanks

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2 Replies

adv.bharat @ PUNE (Lawyer) 14 September 2016

KKY as u had made contract u can get the salary from ur employer.

It is ur legal right to get paid for the work that u had done with the company.

If u like my suggesation then kindly give THANK on my profile.

Kumar Doab (FIN) 14 September 2016

Your understanding is apparently right.

Employee is the discretion of employee during work hours and it is prerogative of employer to assign tasks or ask to remain out of office, during work hours.

Rest you may show the said agreement/appointment letter/contract of employment to a very able counsel specializing in labor/service matter for a considered opinion.