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This is a message from the NDLF IT Employees Wing office bearers. Hope this is useful to the Tech Mahindra employees who are affected.
Our understanding on the Tech Mahindra lay off is that there are 3 sets of people.
Employees who are asked to submit their resignations and did not submit their resignation yet. HR called them and asked them to submit resignation, with 2 months notice or 2 months salary. HR wants the employee to take the demand draft for the compensation amount, sign the bond and leave.
Employees who have been given L rating, relieved from the project, and expecting a call from HR are also in this category.
This is my understanding of category one people.
Refuse to submit resignation, that is the advice I give. The company may say multiple things like your performance is bad etc, don’t agree with them.
The company has no authority to terminate people based on performance. If termination based on performance is allowed, each and every sector will cite a performance issue and send out people aged above 40. So legally this is not allowed. On performance they can not terminate.
If you refuse to resign, they will put you in bench indefinitely. They may put a lock on the employee profile, You will not able to take any project and work allocation team can not allocate any project to you. After you are in bench for 2-3 months, they will say that “you are in bench for too long, it is against company policy. You can not be in bench for more than 2 months, so you fall under compliance issue, so resign”. This is another empty threat. They put the blame on employees. But actually being on bench is a common practice in IT industry. It is company’s responsibility to give work to the employee. They can not terminate based on this.
Even on compliance if they want to terminate, it is not easy. Understand, if someone does a chain snatching, the court may put them in jail for one month, they can not hang them to death. Termination is like hanging to death.
So not for all compliance issues termination is the end. Some small problem with medical bills etc are minor ones. If some employee after repeated warnings continue to do that, they can take some minimal action. So, even if they threaten compliance issue, don’t be afraid.
Don’t resign. That is the advice I give to the first category of people.
Second category of people have submitted their resignation. But they are still with Tech Mahindra, they are serving the notice period. They will be out in one or two months time. They signed a bond, took the DD and they are still working with TechM. After this news, people may start focusing on this issue. Tech Mahindra will be more cautious.
What I suggest is that send a mail to HR and other concerned managers, asking them to revoke your resignation. Say that “I have been forced, and due to emotional circumstances, I have taken the decision. But the pressure you created, is completely unethical in a company like Tech Mahindra. Now I realize that I don’t want to resign and want to withdraw my resignation.”
For both category people, 2nd thing what you can do is, if you know 5-6 people, 10 people, who signed bonds and are under the notice period, or people facing HR threats, try to group them. Suppose 3 people in Pune, 5 people in Bangalore, 2 people in chennai, group all these people and send a complaint to HR head, giving details of employees.
Collective bargaining is a very effective method. If you are fighting as a single person, they will not accommodate you. Try to understand that you are a small employee, Tech Mahnidra is a big company. But, if say 10 people join together, it affects the reputation of the company. Any reputation issue is a big bottom line for them. It creates a lot of negative impact on the customers, clients etc.
Definitely they will not take a chance, what you do is you submit a collective request by email and send a registered post. If you need any help from NDLF, we will also send a mail from NDLF. We will address to the HR head copying all you people. If you do all these things, they will be forced to consider your case and allow you to continue.
Go to the labour office nearby, suppose you are working in Pune, go to labour office in Pune, and submit a petition under section 2K of Industrial Disputes Act. If you want any help in filing a 2K petition, we will help you. Advantage of 2K petition is that you will be protected under section 33 of Industrial Disputes Act. Under section 33, is if there is dispute with the labour department, until the dispute is resolved, the company can not alter the employment condition of the employee without permission of labour officer. Alter employment condition means even changing the position from one location to another, like transfer employee from Pune to Bangalore is not allowed. Changing project manager to team manager is not allowed. Changing salary is not allowed.
In short, change in the employment category is not allowed if I raise a dispute in the labour department. The company has to come for the hearing and they will follow the legal process. Immediately after filing the petition, again you send a mail to HR and ask them to stop the lay off process.
For both category I, and II people try to understand, what is happening is companies are targeting people who are 35-40 years. None of the companies want this experienced people. Tech Mahindra, Wipro do not want people at the higher experience skill. These people are targeted. Getting a job outside is difficult. If you get a job, happily take the offer and resign. But don’t resign without an offer in hand. Don’t imagine that like 2 – 3 years before you will get an offer in 3 months, 4 months. Don’t take decision like this. Until you have an offer in hand, don’t take any risk, revoke your resignation.
What the company will do is, they will put you in bench, they will not offer you a project, they will put a lock. This is some sort of harassment they do. Their intention is if harassed continuously for several months, employee will give up and go. I am telling repeatedly without an offer don’t take a chance. It is more risky than if you remain the company. That is my view, but it is upto you.
Third category of people are employees who already resigned and got relieved from the company. They can file a 2A case with the respective labour department. If you file a 2A petition, it will take some time,It will not be sorted out in a couple of months, it will take 2 years. It may go to the labour court. Advantage is that most of the companies do not want to face the legal battle. As more and more employees start filing cases, it will become a big burden for the company.
You take Ramesha, HCL case. Ramesha was terminated, that time it was not established whether IT is covered under ID act, whether IT employee is a work man whether unions are allowed. Still Ramesha filed a case and he won the case. After he won the case he was reinstated and for the 2 years he fought, HCL paid the salary. Chances of reinstatement is high, if not reinstatement they may come for out of court settlement. We also do not have clear evidence what company will do, but the employee has a fighting chance if a case is filed.
If more and more employees go for legal battles, the chances of employees winning cases become very high. So take the legal route.
As per my understanding very senior people, people who sign cheques, who recruit people, who terminate people, who take care of policies for them ID act is not applicable. If you are doing skilled job, technical job, co-ordinating with customer on technical matters, fixing tickets and fixing tickets, doing architect job, all these people come under technical and come under ID act. Whatever is applicable to other industrial and different sectors, it is applicable to you also.
So, basically 99% of employees fall under ID act. Under ID act, the company has to follow legal procedure, can not terminate just like that.
These are the 3 sets of people, this is the action you have to take.