Community › Forums › Legal Advice India › TCS Exploitation: 3 Months No Salary, Forced to Work!..
- This topic has 22 replies, 17 voices, and was last updated 1 year, 2 months ago by
Fiercefox1271.
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AAlphapanda8293
PARTICIPANT
March 27, 2025 at 10:07 pmIn mid-October, our project at TCS ended, and until then, I was reporting to my base location. After that, my entire team moved to the bench. Since we had the option to work from home, we utilized it. However, in January, I reported to the office and was assigned to another project. After joining, my internal access (Ultimatix) was blocked.When I reached out to HR, they claimed that since I did not report to the office from mid-October to December, they would not pay me for those three months. Additionally, they informed me that they would deduct my next three months’ salary to recover the arrears. They stated that my account would be unblocked only if I accepted this condition via email, and I would also be required to report to the office every day.
During those three months, I received no financial support from TCS, and my PF was also not credited. Since my native place is in a village, I had to bear expenses for rent, food, and other necessities. Somehow, I managed with my savings.
I considered resigning in January itself, but HR was extremely rude and insisted that I had to pay the three months’ salary before leaving and mentioned that they will blacklist me. At that time, I didnโt have enough money, so I had no other option but to stay.
Moreover, my working hours were from 2 PM to 12 AM, as I was working for a USA-based client. In most cases, the work extended until 1 AM or 2 AM, and in the worst cases, even until 3 AM.
However, HR ignored these factors and scheduled calls at 10 AM, requiring in-person meetings. If I failed to attend, they would add those days to my arrears, regardless of whether I worked on that day or not.
Can I take any legal action against TCS Management. Suggestion needed
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LLuckybro6541
PARTICIPANT
March 28, 2025 at 2:54 amBlacklist? How? You can’t join TCS again if you already worked. It means you already blacklisted when you joined TCS. -
SSmartowl4957
PARTICIPANT
March 28, 2025 at 3:32 amNot a lawyer and neither is legal advice.Maybe ask the project manager to release you from the current project. So you’re back on the bench and are supposed to look for another project. Now instead of looking for a project, resign from the job so your 3 month notice period starts.
Because they are anyway not going to pay you for 3 months as arrears, might as well prepare for your next role and start applying for jobs.
During those 3 months, go to the office daily and complete internal training.
As far as blacklisting is concerned, I’ve heard, anyone resigning are always blacklisted unless you’re in some exec role. Further, why would you want to come back to the shitty place? Unless you’re joining in exec roles.
Also, who deposits the PF for you? TCS or the company you were working for? If it’s the latter there ain’t much you can do. But if it’s TCS, I think it’s possible to take the legal route cause I don’t think they can withhold PF contribution unless there’s disciplinary action initiated against you.
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AAlphaanushka2204
PARTICIPANT
March 28, 2025 at 3:46 amI heard there is no WFH, especially when you’re not in a project. Mistake is yours, sorry-
SSupershark7202
PARTICIPANT
March 28, 2025 at 3:58 amEven if it’s OP’s mistake, they shouldn’t have waited three months to find out that op was not coming to office while on bench. Somebody dint do their job or OP is not telling the whole story.-
SSapnawolf190
PARTICIPANT
March 28, 2025 at 4:22 amThey didn’t wait. OP didn’t report to office for 2 + months. Possibly also did not pick up calls from HR and resource managers. Looks like they put OP as absconding, froze his payroll and his accesses.OP is definitely not telling the whole story.
However, TCS HRs, they still are some of the most inefficient, arrogant and useless people I have ever met. OP made a mistake but it looks like his HR is finding sadistic pleasure in troubling him instead to working to a resolution.
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SSupershark7202
PARTICIPANT
March 28, 2025 at 4:25 amI am surprised. OP has to checkin some way. Is there any online check-in for TCS? How can you get away without logging into the systems for 3 months? I think in Infosys its just 3-4 days, if you don’t check-in and don’t apply for leaves, you are considered absconding and they will start the termination process. There is more to this story than what’s written by OP.-
AAlphaanushka2204
PARTICIPANT
March 28, 2025 at 1:06 pmHe should be grateful that he isn’t laid off. If you aren’t answerable to anyone, you don’t work for that company. That company didn’t pay him for the days he never worked. OP is in the wrong
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JJatinbear690
PARTICIPANT
March 28, 2025 at 8:56 amYes, OP did not do their job. Why is anyone elseโs responsibility to baby the OP? He fucked around and is now finding out.
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DDesianita7303
PARTICIPANT
March 28, 2025 at 4:30 amTcs Hr deptt is incompetent but not this level incompetent.
I think there is more to the story than op is sharing..-
PProsanjana403
PARTICIPANT
March 28, 2025 at 7:30 amYes correct (ex-TCSer here)
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EExpertguy7872
PARTICIPANT
March 28, 2025 at 5:04 amLegal advice for the future: know 101s of organisation rules so that you don’t need to seek legal advice like this. -
CCleverdevansh8143
PARTICIPANT
March 28, 2025 at 5:15 amYou are not giving the complete story. It’s very one-sided.You were Absent Without Leave from mid-October to December.
You did not have the option to work from home when on the bench, hence you were not paid a salary.
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FFiercefox1271
PARTICIPANT
March 28, 2025 at 7:46 amCorrect i have quit TCS recently and they do not provide this kind of work from home option while on bench as much as i know. Other wise so many employees will enjoy being on bench , further since past 1 year TCS is strictly against work from home completely ( shยกt policy but as employee follow it or quit) WFH for few days are given but not for 3 month straight specially not when you are on bench.-
IIndiangargi2466
PARTICIPANT
March 28, 2025 at 11:17 amInfact, while on bench, most rmg ask to report regularly if not daily. I believe op saw that his rmg did not ask him to report so he can take continue to take calls from home. I have seen a few friends of mine do this. But they show up in office, stay for a few hours and then go back home. -
UUrbanradhika9950
PARTICIPANT
March 28, 2025 at 8:11 pmHow come people can be absent for months and not be fired?-
FFiercefox1271
PARTICIPANT
March 29, 2025 at 4:19 amWhen you are on bench you don’t do any work and there is no manager over seeing you so people might feel its ok to be absent during that time but regular reporting is strictly monitored during bench period by HR and non reporters can be fired for absence , that is what is happening with op but he is trying to justify months of absence ( the audcity)-
UUrbanradhika9950
PARTICIPANT
March 29, 2025 at 4:27 amOP is implying that he has not been fired, and that the company is asking for him to pay them money for missing those months as he continues to work.-
FFiercefox1271
PARTICIPANT
March 29, 2025 at 10:05 amI think paying for 3 month part is about notice period , after missing work for 3 month op intends to leave firm without serving notice period , as per my understanding , you have to pay some compensation or fight legally if you don’t intend to serve notice period( 3 month for TCS)
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SSuperlakshay3288
PARTICIPANT
March 28, 2025 at 7:34 amYou did not attend office when it was mandated and decided to stay in your village and now want to claim they are exploiting you?You are trying to exploit the system. Because of people like you, everyone else will suffer as the company will mAke the rules even more stringent!!
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FFiercefox1271
PARTICIPANT
March 28, 2025 at 7:48 amI hate TCS and quite recently BUT you seem to be hiding details and seem to be the one wrong here . TCS does not provide this kind of work from home option while on bench as much as i know. Other wise so many employees will enjoy being on bench , further since past 1 year TCS is strictly against work from home completely ( shยกt policy but as employee follow it or quit) WFH for few days are given but not for 3 month straight specially not when you are on bench -
MMightyguru8454
PARTICIPANT
March 29, 2025 at 3:19 amDid you apply and get your WFO – Exception approved before deciding to not go office ? If not, TCS has upper hand. -
PProthinker9102
PARTICIPANT
March 29, 2025 at 3:43 amWhether your project ended or not, you should have been going to the office daily. You can take legal action and lose because TCS is right here TCS is horrible. But they are right.
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