Ministry of Labour and Employment has formally summoned Tata Consultancy Services (TCS) following a complaint filed by the Nascent Information Technology Employees Senate (NITES) regarding the indefinite delay in onboarding over 600 lateral hires.
The Office of the Chief Labour Commissioner (Central) issued the summons on July 25, 2025.
It calls for a joint discussion scheduled on August 1, 2025, at Shramev Jayate Bhawan in New Delhi.
This development marks a rare instance of government involvement in pre-employment disputes within India’s private IT sector.
It raises important questions about employer accountability and the protection of candidates during the offer-to-joining phase.
TCS Onboarding Delayed: Background of the Complaint
The complaint, submitted by NITES President Harpreet Singh Saluja on July 22, highlights the plight of experienced professionals—ranging from 2 to 18 years of work experience—who had received formal offer letters from TCS and subsequently resigned from their previous roles.
These individuals are based in major cities including Bengaluru, Hyderabad, Pune, Kolkata, Mumbai, and Delhi.
When they reported to TCS on their scheduled joining dates, they were informed of an indefinite delay.
NITES alleges that TCS has not provided any revised schedule, official communication, or assurance since the initial joining delays.
As a result, many candidates remain unemployed and financially vulnerable, struggling to pay EMIs, rent, and other essential expenses.
Labour Ministry’s Response and Legal Context
The Labour Ministry’s notice instructs TCS to send a senior official or authorized representative for the upcoming meeting.
This individual must be empowered to make decisions and have a clear understanding of the onboarding delay issue.
The ministry has initiated a fact-finding process to assess the situation.
However, legal experts caution that it lacks statutory authority to compel onboarding unless a clear violation of labour laws is found.
Under current Indian labour statutes:
- Pre-employment delays are not explicitly regulated.
- If an offer letter includes specific terms, it can be considered a binding contract under Indian law. Unexplained delays in honoring those terms may lead to a civil breach under the Indian Contract Act, 1872.
- In cases where candidates qualify as ‘workmen’ under the Industrial Disputes Act, 1947, such delays could be challenged as unfair labour practices, especially if they result in financial or professional harm.
TCS’s Official Statement
In response to the growing concerns, TCS stated, “We can confirm that, as always, TCS is committed to honour all offers we have made, whether it is to freshers or experienced professionals.”
The company added, “Everyone who has received an offer from TCS will be onboarded. The joining dates are decided as per business demand and in some cases, they do get adjusted to meet our business needs. We remain in continuous touch with all candidates in these cases and look forward to them joining our company soon.”
This explanation has not satisfied the affected candidates or NITES.
The organization continues to press for time-bound commitments, financial compensation, and access to mental health support through TCS’s Employee Assistance Program (EAP).
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