The Illegal Lay-Off of WIPRO - Tears For Ayush Srivastava & Others.

 

( The INFOSYS and WIPRO both did mass "Lay-Off" of employees. Both the cases attract labour law and human right violation. The violation have not been reported to the SEBI. The "Lay -Off"  in both the cases are   illegal in India as it attracted Section 78 (8) of the Industrial Relation 2020. In both the "Lay Off"  the compulsory permission required from the Government under Section 78 (1) of the Industrial Relation 2020 have not been taken. The water is above head. SEBI needs to take strong intervention against the entities who are violating the labor and human right laws in India openly. They are bringing here the ugly culture of Europe. This needs compulsory Third Party Social Impact Assessment Audit on the Compliance Programmes covering labour, social and human right laws. )

WIPRO like other Indian Corporates is a listed entity in the Stock Exchange Board of India. WIPRO is expected to put correct disclosure on the labour law compliance Programmes before SEBI. But there is nothing on the disclosure record, which mentions  that WIPRO has violated the labour law in 2022. This is not sustainable business practices. The BRSR Report 2022-2023, information required under Listing Agreement Clause 49 and Directors report all are silent on this major labour law violation. This is  attracting a case of Human Right violation. This needs also compulsory third party Social Impact Assessment Audit on the Compliance Programmes covering labour social and human right issues and laws in the SEBI listed organization. SEBI should must think in this direction as water is above head. Entire reporting including violation and improvement points as reported to the SEBI on Labour, Social, and human right issues, only  be based on the  Third Party Social Impact Assessment Audit.  If SEBI listed entities violates Labour Law, they should must be banned by the SEBI to operate in the stock market. The strong measures can only be taken by the SEBI. 

Ayush Srivastava joined as Project Engineer at Wipro ( See two boxes given  at the end). He was one of some  400 unfortunate engineers who joined Wipro with a package of Rs 3.5 lakh per year. The company told the employees to undergo training.  As Project Engineer he discharged his service to WIPRO. After extracting the desired work WIPRO started mass Lay-Off of employees  stating that they have not performed good in training. Hitherto they were removed. 

This is not Europe. In Europe ugly labour law practices can take place. But in India  the labour law is Social and human right oriented. There are only two types of people who work inside an organization. Employees and Apprentice. There is no third category. Even though people under training is Employee. The regular labour law including Lay-Off is not applicable to the Apprentice. For Apprentice one need permission agreement  under the Apprentice Act. Ayush Srivastava was undergoing Training as an employee. 

The mass Lay-Off of which Ayush Srivastava was one of them is not easy. The Wipro need here Government Permission to do "Lay-Off" on ground of getting poor score in training. Under Section 78 (8) of the IR 2020 such Lay-Off is illegal as permission required under Section 78 (1) from Government has not been taken before firing Ayush Srivastava and other employees. The line is clear WIPRO has done Labour Law violation.  

The basic point of question is why such illegal act which violated the labour law of India has not been reported to the SEBI. The answer is common. The WIPRO and INFOSYS and others are on the same playground. They are imposing here Europe culture. The WIPRO and INFOSYs both HR are very poor in labour law. Either they do not know law or using ugly trick. Both the company before mass Lay-Off have not taken permission from the Government Under  Section 78 (1) of the IR 2020. The Lay-Off is illegal under Section 78 (8) of the IR 2020. This is the ugly route.   Taking work from  the employees when needed and when not needed remove them to cut expenditures. This can be done in Europe only not in India. In India IR 2020 is strong legal protection which Ayush Srivastava and others can invoke. This needs also compulsory third party Social Impact Assessment Audit on the Compliance Programmes covering labour laws in the SEBI listed organization. SEBI should must think in this direction as water is above head. If SEBI listed entities violates Labour Law, they should must be banned by the SEBI. The strong measures can only be taken by the SEBI. 

Three Boxes of Ayush Srivastava: 

Box-Three 

Ayush Srivastava, in  illegalize way was removed from  WIPRO. He had a finest dream to see the beautiful world. After moving out of WIPRO he is working as   Operations Analyst in other company. He shares his pain and agony in these words: 

A Betrayal of Trust: Wipro's Breach of Contract and Disregard for Talent

I am deeply disheartened and outraged by Wipro's recent decision to revoke my offer letter after a staggering 2.5-year delay. Despite repeated assurances from the company's leadership, including the Chief HR, that all offers would be honored, I have been subjected to a prolonged waiting period and a rigorous .....training process only to have my employment prospects unceremoniously terminated (attached the screenshots of the communications received by Wipro). This breach of contract is not merely a personal disappointment but a reflection of Wipro's disregard for its commitments and its potential talent. Such a callous disregard for the aspirations of individuals is a stain on the company's reputation. I am now actively seeking a new role that values my skills and experience. If you or anyone in your network is aware of relevant opportunities, please do not hesitate to reach out.