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Asha (Senior Test Engineer)     04 June 2015

Bgv issue as the second employer gives negative feedback

Hi Al,

I have 4 years of experience in IT industry. I have got so many offers from MNC's and everything is getting rejected as my second employer is giving negative feedbacks. It was very small company of 5 members and I served there for 9 months. I was asked to serve 2 years of contract which was mentioned in the appointment letter however, no legal bonds were asked to sign. My salary was 10k and was increased to 12k in next 3 months based on my performance. No PF was deducted nor any registration of the company was done. During my tenure I was not provided a proper pay slip. I requested and got the pay slips only then I came to know that it was not a registered company as the house address of the manager was given in the payslip. So I gave resignation stating personal reasons for which he called immediately and asked me to leave the company. Now wherever I apply for he is giving a negative feedback that I was irregular to work and did not serve the notice period and contract and was terminated. 

Now my career is completely spoiled because of this. Nowhere it is getting accepted. Even after requesting him my situation and for career perspective he was very arrogant and did not even provide any letters. Please help me how I can handle this problem and ease it out as I am getting new offers and I am idle now without proceeding. 



Learning

 4 Replies

Kumar Doab (FIN)     05 June 2015

Do you have copies of  so many BGV?

 

On the basis of what evidence you claim that rejection of your candidature is due to negative feedback in BGV?

 

Does this company exits at the same address?

 

Do you have copy of the payslip?

 

 

Asha (Senior Test Engineer)     05 June 2015

I have mail copies of the recruiters saying that the BGV is red because of the negative feedback provided by the second employer. I have approached the manager and asked to provide a positive feedback as it is being rejected everytime. But he refused and said I have to face the consequences. 

Also, in the appointment letter it is mentioned as if a candidate is to be terminated, the company should provide the notice or a warning prior to termination which was not done in my case.

The company is relocated to another place

Please find the attached payslip of the company. Kindly help me as this is being a black mark in my career.


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  • Kumar Doab (FIN)     05 June 2015

    You seem to have been doing everything without consulting elders in the family, Female Employee’s/Employee’s/Trade Union leaders…………………….Labor Law Consultant/Service matters lawyer/law firm……………..

     

    You should have submitted in writing under proper acknowledgment that you were asked to not to come to office from dated………………………………that amounts to termination and claimed notice pay, since you had submitted notice of resignation.

    The service agreement/BOND was created in lieu of what extra ordinary favor e.g. some certified training from some certified Instt. that would add some extra ordinary skill or qualification, at the expense of the company? Otherwise the Bonded labor has long been abolished.

     

    If at any Point of Time Company employed min. no. of employees as prescribed for PF it had to provide PF/ESIC to employees. It had to register for PF/ESIC.

     

    It had to register under Shops and Commercial Estab. Act, and maintain all registers prescribed under Shops and Commercial Estab Rules including attendance record/leave/OT record etc.

    It had to pay OT.

    As per Payment of Wages Act;Sec13A it had to supply payslip of each month duly signed by employer and employee.

     

    Falsification of record is offence.

     

    If it had lied and was vindictive, zealous, it can be sued for defamation, discriminatory retaliation.

    Service certificate, relieving letter has to be supplied.

     

    Proceed further under expert advise of Labor Law Consultant/Service matters lawyer/law firm.

     

    varun (Sr. Executive)     24 October 2019

    Go to his place with your friends and break his legs. He will not only give a good feedback but also find a job for you. Laato ke bhoot bato se nahi mante. This has worked for one of my friends.

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