Exclusive HOLI Discounts!
Get Courses and Combos at Upto 50% OFF!
Upgrad
LCI Learning

Share on Facebook

Share on Twitter

Share on LinkedIn

Share on Email

Share More

raghavendra (Professor)     12 December 2014

Threat by recruitment agent

Dear Friends, 

Need your expert guidance. I signed a 3 month employement contract with a company  as a consultant. The company recruited me to work for another company in a third party's office.  On the 3rd day  I was asked to fill the employee joining form of the second company. I worked for one month and got my salary. After 1 month and 4 days I had to leave the job due to a personal emergency.  I informed all the concerned people and even the company who recrutied me that I will not be able to return back to work by telephone and sms. 

After I left the company the company who recruited me is calling me repeatedly and asking me to come back to work. I have been telling them that I cannot come back due to personal reasons. Today the recruiter called me and demanded that I should pay them money for leaving the job without serving the notice period. He threatened me that he will go ahead with the absconding proceedings against me and go to the court. 

I believe and understand that as a consultant I can stop working if I find that things are not going good for me. I have informed them that I will not be reporting back to work. Though this is not a permanent employment I am surprised by the kind of abuse that I am facing from my recruiter. 

Please guide me how to handle this issue. 

 

Regards,

Dharam



Learning

 2 Replies

Hardeep (Business)     13 December 2014

1) It seems you signed a 3 month contract with the Recruiter who then outsourced you to another Company. You left the Company but did not serve the required Notice Period.

2) Depending upon the terms you signed up with the Recruiter he can take to legal recourses. However, if the agreement is " one sided" it can be disputed as " being signed under compulsion and in an unequal relationship ". You may like to respond to the Recruiter accordingly if that is the case.

 

DISCLAIMER : General information and advice provided is without any warranties as to suitability for any use, correctness and application to any specific case. Please always take proper legal counsel . However, if it helped anyone even a little a " thanks" via the " Thank Contributor " button would be appreciated and would encourage me to keep on making efforts :-) . I am also always open to corrections and further learnings from more experienced Seniors here.

Kumar Doab (FIN)     13 December 2014

Has the company that took you on board issued appointment/offer letter......salary slip? This is to be ascertained whether the relationship was of Employer-Employee or you were to be paid some consultation charges! The notice period should be equitable: equal for both the both ies.... You may show the job advt,job application, interview call letter, selection letter, offer letter, appointment letter, HR policy/Service Rules and regulations mentioned in appointment letter, agreement signed by you, joining forms signed by you, salary slips , SMS etc to an able Labor Law Consultant /Service matters lawyer and understand the merits.... The consultancy firm should have registered under (Name of the state ) Shops and Commercial Establishment Act salary slips has to be issued to all employees, and as per it appointment letter should have been issued....the notice period is also stated in it.... is equal for both and it can't be more than it.....and might be NIL for service period of 2 months 4 days... No private agreement signed by employer with employee can overrule and supersede an enactment.... Salary slip has to be issued to all employees

Leave a reply

Your are not logged in . Please login to post replies

Click here to Login / Register