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Cyrene Jacob (None)     16 July 2010

Labour Laws for IT Companies

I had interviews with Cognizant Technology Solutions, Chennai and after selection, I was sent an offer letter. I was also asked to send all document copies pertaining to my previous employers. I have worked in IT for the last 11 years and have worked with companies that closed down during the 2000 recession. Since one of my employers during this time (2001-2002) closed down, I resigned from this company but they did not issue a relieving letter/experience letter since they had changed their legal status and had become a Private Limited company from a Limited company. This company did not give any PF or gratuity or medical and also did not issue a relieving letter. But since I got employment with other companies and they never even bothered about this document I never really cared.

Cognizant, on the other hand has created a lot of problems. I joined Cognizant on June 18th after I had sent them whatever copies I had of my previous employers. On the joining day, they asked me where is the relieving letter of this company. I told them that I was not issued such an experience letter. I was not issued an employee ID and was treated like a criminal. They said that I should have told them about this earlier and that it will be very difficult for them to employ me.

This has caused a lot of suffering to me and my family. If these documents are so important to them, why did they not verify this when I sent them all documents. Believing their words, I resigned from my last employer and came forward to join Cognizant. After 3 weeks, the HR told me that there are two options,

  1. I will be issued an employee ID, but I will be terminated if the background verification fails, or
  2. The company will remove the experience of one year (the time I worked in the company which did not issue a relieving letter).

It is not sure if verification will fail for a company that has closed down. For 1) in such a failure, Cognizant will not pay salary for the notice period of 2 months.


I had suggested that they do the background verification and let me know the results. I will consider joining them only if the verification succeeds. If it fails, I have asked for a legal explanation.

Please let me know, if this kind of scenario is acceptable by company and human rights laws? I have worked for 5 companies after I left this particular company and have never faced any such issue even on their verification.


This incident has caused immense strain on my and my family's health and well being. I have had no salary for the last month and I am emotionaly and financially stressed.

Please let me know if I can go for a litigation against Cognizant? If so, what is the process, cost and schedule?



Learning

 1 Replies

nivedita (lawyer)     16 July 2010

Hi,

 

As per usual practice the employer should only be concerned of his prospective employees immediate precedent  job experience/relieving letter or to a maximum 2 previous relieving letters. I think you are unnecessarily being hassled. If they are doubting your experience for 1 year there, then you could possibly try to get in touch with the previous manager or collegue who would give an informal letter vouching your experience there.  


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