NONE OF THE HALOED INDIAN IT COMPANIES ARE COMPLYING WITH THE LAW OF THE LAND BY PRACTICING HIRE AND FIRE POLICIES IN INDIA ON THE SLY. In fact, every employee (especially those who are not part of the core management team) working in IT companies should take the services of a competent lawyer if he or she is being cornered by the Human Resources Department and not shy away from serving legal notices to their top management through registered post.
THE INDUSTRIAL DISPUTE ACT, 1947 is comprehensive enough to address the issues that one may face as a employee in the IT sector. Sections 2G, 2J, 2A, 2 RR and 2S of the act are highly pertinent while taking up issues with the management.
The Industrial Disputes Act(1947) requires companies employing more than 100 workers to seek government approval before they can fire employees or close down. In practice, permissions for firing employees are seldom granted by the government and companies coerce their employees to submit their resignation to claim Full & Final settlement(F&F) & Positive Experience letter or certificate. Generally the F&F is withheld for minimum 60 days after submission of resignation by most IT companies.
Employees are also selectively harassed when they approach Human Resource Department for withdrawal of their Provident Fund(PF). Approaching PF office directly is too much of a hassle. Opportunity to rejoin and positive reference checks being provided to future employers are also cited as additional reasons by the employees to submit their resignation.
Is TCS doing a yeoman service to India and Indians?
Well, we have too many constraints in our country. We are at 184th position as far as ease to business goes. Hence labor cost arbitrage which is core of TCS’s business which is a grossly imperfect for our woes is a temporary solution or stop gap, nevertheless. Unfortunately, as far I understand it works for select few and only provides bread crumbs for the majority.
Overall India has fared poorly in the creation of IP(Intellectual Property), publication of research papers, innovation and product development despite of huge subsidies and grants being provided by the government to the engineering colleges only because of the outsourcing menace. Hence, it is no surprise that mediocrity and malpractices have become the order of the day.
People have asked me am I not being harsh?
I fully appreciate the good work undertaken by the Tata Group and TCS. While churning of employees are necessary isn’t churning of companies equally necessary especially when they aren’t changing with times and competing with the rest?
Where is business of TCS placed as on 31 March 2014?
As on 31 March 2014 TCS has 300, 464 employees. revenue of US$ 13.44 billion, operating income of US$ 3.12 billion and profit of US$ 2.59 billion.
Who is the parent company of TCS and who are it’s subsidiaries?
Tata Group (including Tata Sons) is the parent company of TCS and owns over 75% of the company.
The subsidiaries of TCS are CMC Limited, TCS China, TRDDC, Computational Research Laboratories and TCS e-Serve Ltd.
IMMEDIATE AREA OF CONCERN:
Why are employees being compelled to do overtime(even when it is avoidable)? Is it to blinker the employees and make them overlook the injustice they are undergoing?
What parameters do the verification process of candidates cover when they join as employees? Do those who have a background in law, journalism, candidates from resourceful background get a chance to work for TCS? I have serious doubts about this.
How are jobs and projects allocated to candidates after they join TCS? Are the really tough nuts able to get away with almost anything? How about those who are well connected, how do they fare after joining TCS? Does the company make vulnerable candidates scapegoat(I’m a example of this phenomenon).
Does objectivity, professionalism and professional ethics figure high in the list of priorities? I am inclined to believe otherwise.
Shouldn’t dead wood like TCS and chaebols like Tata group make way for agile and responsive companies or continue to be a stumbling block in our path to progress?