Shine 20 August 2016

Background verification

Hi,

I had worked in a software company in pune for one year from 2014-2015. During the Background verification company HR reported no records of me with them.

I have offer letter, relieving letter and payslips of that company.

I do not know the HR and the people in the CC.

By repeatly sending email to rectify the issue, they are not responding.

How can I solve this. My new Job is on hold because of this issue and joining period is already got lapced. Please help me on this

Regards

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9 Replies

Wilson Mathew 20 August 2016

Hire a good lawyer and serve a legal notice first. Most likely, your old company did not take you as a full time employee, therefore no records are seen.

Kumar Doab (FIN) 20 August 2016

You have posted that:

"My new Job is on hold because of this issue and joining period is already got lapced........................During the Background verification company HR reported no records of me with them.."

Has your prospective employer issued you a written communication 'that Last company M/s.................HR has reported no records of Mr..............(you) with them..' and hence your offer letter is on hold/cancelled.........................and you should get in touch with Last company and .............................

Do you have proof of dispatch and delivery of your communications to last company?

To whom you have addressed these; HR, appointing athority,MD......?

Have you mentioned that false information supplied about you to M/s.......................is rendering you unemployable and you shall suffer irreparaible loss? Did you attach scanned imege of offer letter/salary slips/relieving letter?

Are you a member of Employee's/trade unions?

Have you consulted your own Labor Law Cosultant/service matters lawyer? If yes what is opinion of your own counsel?

Kumar Doab (FIN) 20 August 2016

Software companies are coverd by the State Shops & Estbs Act.

Software companies in Pune ( Maharashtra) are coverd by the Bombay Shops & Estbs Act.

Software companies in Pune ( Maharashtra) have to submit various registers prescribed under Bombay Shops & Estbs Rules.........................that include DOJ/LWD/attendance of employee.

The employer is under obligation to maintain record of payment (of wages) for 3 years under

:THE PAYMENT OF WAGES ACT, 1936 : 13A. Maintenance of registers and records.

Were you a member of PF,ESIC?

Did company issue Form16 to you?

Are you a member of Employee's/trade unions?

Have you consulted your own Labor Law Cosultant/service matters lawyer? If yes what is opinion of your own counsel?

Shine 20 August 2016

Please see details below:

Communicated to Director through polite humble emails.
I was a permenent employee.
I was having PF, which is not transfered yet.
I have offer letter, few pay slips and relieving letter with me.
I could not able to communicate to HR, since not having email id.
My recruder send an email regarding the issue and asked me to contact HR and get it approved. As per email they conveyed, the previous company send a quick email stating that they do not have such records of that person.
I'm not a member of any trade union or such kind does not exist in most of IT companies.

G.L.N. Prasad (Retired employee.) 21 August 2016

The first think you have to do is asking your present HR what precisely they require for background verification and such documents of past employer.

Once they have a list, then you can ask your past employer to provide those details / documents as they are important for present employer.

Wait for one month and then issue a legal notice to past employer.

There should be clarity in every aspect and one should inform prcisely what is required.

Kumar Doab (FIN) 21 August 2016

You have not replied to all points e.g; : Have you consulted your own Labor Law Cosultant/service matters lawyer? If yes what is opinion of your own counsel? Did company issue Form16 to you?

Are you aware of an able counsel at Pune?

You have posted that:

>>> "I'm not a member of any trade union or such kind does not exist in most of IT companies."

It is not true!

There are IT/ITeS employee's unions and trade unions have embraced them.

Such matters are best resolved at union plateforms.

There are threads at LCI in which employee's have confirmed that the employers/HR were quick to resolve when unions intervened.

It is not neccessary that each company should have its own employee's union.

However employee's in a company can form 'Works Committee'. Read ID Act

Employee's in a company can form IC.

Shiv Sena had formed cell for IT employees.

State Governments like Karnataka has notified to form 'Greivance Redressal Commiittee'.

>>> "My recruder send an email regarding the issue and asked me to contact HR and get it approved. As per email they conveyed, the previous company send a quick email stating that they do not have such records of that person."

It is believed that you had provided c opies of 'offer letter, few pay slips and relieving letter ' to current employer, and above mentioned response of past employer was to such documents.

If the documents with you are legitimate the reply of past employer may amount to falsification of record.

You may try by obtaining the registers prescribed under ( State where past employer/controlling/disbursing office was siuated) Shops & Estbs Rules from Inspector appointed under State Shops & Estbs Act, and even Inspectgor appointed under THE PAYMENT OF WAGES ACT........................

>>> "I could not able to communicate to HR, since not having email id."

The email id should be on offer letter, website.

>>> "Communicated to Director through polite humble emails."

The director must have forwarded to designated HR personel.

In any case thru Director employer/HR stands informed/noticed.

You can send notice thru Redg. Post, followed by scanned copies thru email.

Obtain POD from PO.