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Subhash Chandra (Senior Project Lead)     03 September 2014

Consultancy wasn't settled the compensation even their fault

Dear Sir/Madam,

My Name is Subhash Chandra, my contact number 9581556184.

1) I have selected as Senior Business Analyst for Emphasis company in Bangalore location through Proximo Techsoft Private Limited, Bangalore consultancy as on 1 year contract basis. I have signed on the offer and sent soft copy with reply mail and also told Proximo consultancy that it is not possible to join on or before 20th June, 2014. And can join only on 1st July 2014. This was mentioned& communicated clearly in mail to the persons who sent mail to me. Later, I have resigned from my current organization for joining in Emphasis on 1st July, 2014.

2) Proximo management informed the same to Emphasis HR about the date of joining delay. Emphasis HR has also accepted the same for the extension of joining date (I have the evidence with me the whole conversation between Proximo & Emphasis about my joining extension discussions).

3) Proximo Management has asked me that are you able to join 30th June, 2014 instead 01st July, 2014. I told Yes, I am able to join even on 30th June, 2014.

4) I have gone to Bangalore on 27th June, 2014 and called Proximo and informed that I will directly go to Emphasis office with the offer letter and relevant documents on 30th June, 2014. But Proximo told do not go directly until we inform you because you will receive a link from Emphasis HR and need to fill the details.

5) I stayed in Bangalore waited for 2 days. I haven't received any updates from Proximo, I went to Proximo office on 1st July, 2014 and asked the updates about my joining date. They told that we still didn't receive any updates from Emphasis. Once we received, we will give you the updates. I asked immediately, can you provide accommodation for me till then as I don't have anyone. Proximo told that we can accommodate you upto 4th July, 2014. I said for three 3 days it is not possible for me to wait. I will go back to Hyderabad and please inform the updates about my joining date ASAP. On same day, I have asked the updates on mails. They told that “your date of joining will be on 4th July, 2014". But this is also not correct.

6) From that day 4th July, 2014 onwards, I have been following up all the Proximo Management to know about my date of joining. I even mailed many times to the higher management about my current status.

7) On 17th July, 2014, I have received call from Proximo HR and said that your position has frozen due to delay in joining hence; we are withdrawing the offer with Emphasis. And if any other offers came through us, we will place you in the same company or else, we will also look to find other companies. For this cause, we can provide the compensation for 20 days. I said after giving compensation for 20 days, what will be my future for the remaining period as I may get or not get the job. I requested, please provide 3 to 4 months’ salary as compensation. They said we will get back you later.

8) After waiting few days, I called Proximo HR to know the updates. The Proximo HR has sent mail stating that “based on joining date 20th June, 2014, you are not joined." So, we have WITHDRAWN the offer from Emphasis. In future, if any offers found, we will give the updates."

 

This consultancy has withdrawn my offer without my acceptance. Now the issue is, I didn't get any compensation from this consultancy. I have struggled alot to survive my family (with dependent parents) with no income for those days around 45 days.

Can someone please advise whether can I get the compensation from this consultancy due to not provided another job placement as it is their fault?

I want to proceed this issue legally to raise a notice on this consultancy.

Please advise.



Learning

 1 Replies

Kumar Doab (FIN)     03 September 2014

If you have evidence you can claim compensation stating that 20 days compensation offered to you is inadequate and even claim to and fro travel/stay expenses.......................

Your may opine to issue legal notice and breach of confidence , trust, their own T&C, ...............................and charge u/406,420 etc.........................

Show all docs to your lawyer and understand the merits in person from your lawyer. 


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