The query is not complete! - Were you given a Letter of Offer, and did you rescind after acceptance - Precise detailed help the forum members to appreciate the concerns

Vasudevan

Mr. Vasudevan has given valuable advice.Kindly follow it.

Sometimes zealous or over enthusiastic personnel in HR/line management may make a statement without understanding the implications. They may do it on their own, or under instructions, or for a pseudo sense of authority and power or some kind of exhilaration, or just for the heck of it. They feel that they shall succeed in inflicting a fear psychosis and they shall have a fearsome and subdued employee at their disposal and who shall bend to their demands.

Such a practice can not be carried out over board or underground by any establishment or institution. Such personnel are not fit to be left to loose around in a civilized society.

In some other threads some of the employees made such a mention.

Or this HR person shall have to face his superiors for having failed to bring the selected candidiates on board by hook or crook.

Employee should endeavor to record such transactions {audio/visual} and act. This shall drill sense into the head of at least one such individual and he/she shall refrain from stepping on the toes of an employee. The implications and consequences can be serious, for such personnel, if the affected employee is determined and properly informed.

Each individual has a right to work and survive and these personnel are neither lawmakers, nor governors, or judges to decide who shall continue to have right to work, and who shall be deprived of it.

If you have agreed to or accepted a job offer company may chase you as per terms described in the offer and accepted by you. However company shall succeed only if its claim is just and lawful. Company may claim it has spent a huge amount on recruitment but it shall be difficult to succeed in proving its claim.

The candidate also invests huge amount of his /her valuable time, resources, monies in preparing and attending the interview. Company shall select best of the best and reject many,however company does not disclose all about company, job, prospects, work culture, environment, standing, reputation, ranking, expectations, conduct, increment policy, growth prospects during the interview and job offer and best in the best candidate also has the right to select best in best company and employer. No company advertises how many employees have been terminated by it, how does it forces and coerces its employees to work late, on holidays, without paying OT, how many bad legal notices it has issued to employees, how may law suits it has filed and lost or for that matter won, how much and how many payouts it has denied, how many employees have reported abuse at workplace. All companies do not pay all expenses incurred by candidiate.

Company would like to enjoy to the discretion to withdraw the offer citing a reason or even without it, hence candidate/employee shall also have the discretion.

A selected candidate may find the company and its culture scary and may get worrisome after having received the offer.

Think of a fitting logic and reason for declining the offer.

 A loud and rude executive faced by employee while facing interview, during selection, or a feedback by seniors, ex employees, peer, market may deter a candidate to join the company.

You may consult elders in the family, competent and experienced well wishers, lawyer/law firm on your issues and proceed under advice. Do not get subdued.

You may choose carefully employers with good HR practices and be with one of them and avoid collecting too many offer letters. Thus you shall avoid unnecessary transactions and legal hassles too.

In all probabilities NASSCHOM is not privileged to blacklist any employee maintain a list of blacklisted candidiates.

https://www.nasscom.org/activities

·  Policy Advocacy: NASSCOM collaborates with the Government of India at the centre and states to build a policy framework that is conducive to the growth of the IT-BPO industry in the country.

·  Membership Engagement: NASSCOM works closely with its member companies, encouraging them to share best practices and experiences, and mentor smaller organisations that are still on the learning curve.

.Workforce Development: Enhancing employability and access to a skilled talent pool is a critical enabler for India’s competitiveness. NASSCOM is engaged across abroad spectrum of academia, industry and government to devise policies, curriculum and assessments to achieve the above objective.

Membership Benefits∙

NASSCOM Membership provides a unique opportunity for an organisation and its professionals to engage and drive thought leadership in activities, forums and industry groups. NASSCOM members address current challenges, build strategies for the future and share best practices, with the overall objective of building a growth-led competitive and sustainable industry.

Hello Sir,

The situation is like this. I have accepted the job offer and as per the HR Policy of the employer, every person should give a post dated cheque of 50K after the interview process is done and the candidate is selected. This they say is for security ie., in the event that the candidate does not join, the employer will deposit the cheque as a penalty. I have made a grave mistake by giving this cheque. I then got a better offer in another company which is my dream company and joined that instead. I have also issued a stop payment on the cheque because I got afraid that they wil deposit the cheque. Now this employer has sent a notice asking me to pay the amount. I talked to the concerned HR and they say they will blacklist me if I dont pay the amount. I am stuck. 

You have posted that “I talked to the concerned HR and they say they will blacklist me if I dont pay the amount.”

You may approach a competent and experienced labor consultant/service lawyer without any delay and show the notice, you have received and all other documents, you have received or submitted and give inputs in person, and proceed under expert advice.

Your lawyer shall arrange to do the needful to reply to the notice.

Your lawyer may help you to understand the merits of proceeding against the company if possible. You must consult one and all before you act and be careful in future.

If you can resolve the matter with senior officials e.g. Head-HR, MD etc company this shall be quickest and easiest solution.

Employee should endeavor to record such transactions {audio/visual} for use at appropriate time in appropriate forum.

Employee should always consult elders in the family, competent and experienced well wishers, lawyer/law firm before acting in haste and subjecting himself to  legal traps, inconvenience, wastage of time and funds, stress……………….

It is felt that the practice of the company of collecting the cheque is bad and you are also responsible for landing in situation like this whihc could have been avoided had you consulted before hand.

Did the company issue any communication in writing that selected candidates shall have to deposit a cheque of Rs……………and the cheque shall be encashed if the candidate does not join?

Has the company issued any acknowledgment of the cheque?

Have you signed any undertaking to this effect and do you have a copy?

Did the company call you to attend interview by air and reimburse the expenses? How does the amount per head comes out to be Rs.50000/.

Yes Sir, I have given a written letter that tells I will pay the amount in the event that I dont join. This is a huge mistake I agree. But the amount is also too big for me to payback. 

Hello Sir,

Do you think it will be a legal trouble If I get a lawyer and proceed. Issuing a stop payment is illegal I heard. But I am not sure if i will be able to proceed by hiring a lawyer. Will it be a risk to my career?

The statement of HR and notice of company as posted by you is aimed at extracting at amount posted by you.

The statement of HR is coercion and bad practice.

You may either pay or contest.

A competent lawyer should be in a poition to defend you. There is nothing wrong in seeking legal advice by showing all documents and discussing details which you only can explain to your lawyer.You may visit  your lawyer with elders in the family, competent and experienced well wishers, trained legal mind from your acquintances and let your lawyer examine the merits and explain to you. You and your well wishers can understand the options and recourse suggested by your lawyer. Afterwards you can proceed as suitable to you.

Hi One of the company treatened me for backlisting  in NASSCOM   for not accepting the offer letter and they told that i am incashing the offer letter without genuine reason . Is there any kind of backlisting of employees not accepting the offer please kindly help me what i can do

You have posted that:

-----“ Is there any kind of backlisting of employees”

Company in its own Data/records may put a spot against the name of candidate and may put a bar on consideration of candidature in future for employment in any of the group companies.

“company treatened me for backlisting  in NASSCOM “

NASSCHOM is not, can not operate as an Extra Constitutional Authority to blacklist any one or any body.

If at the time of employment company is asking to sign a Form/Format to register in NSR, decline to sign.

The union for IT employees “itnitesunion” had demanded a reply for this from NASSCHOM and reply by its NSR team is published as”:

https://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

« RTE ACT

Cranes Software: No pay since March 2009 »

In NSR can a employee be black listed, I am asking this as some employers have said this to employees!

Dear Brothers & Sisters,

I had asked the above question to National Skills Registry is a NASSCOM initiative & following is the reply!

https://nationalskillsregistry.com/

National Skills Registry is a NASSCOM initiative to have a robust and credible information infrastructure about all persons working in the industry. This develops trusted and permanent fact sheet of information about each professional along-with background check reports. This is a security best practice for the industry and assures identity security, industry acceptance to honest professionals. NSR is a web-based system hosting a fact sheet of information about existing and prospective employees of Indian IT & ITeS / BPO industry. This can be used by the IT & ITeS / BPO industry and its clients as a credible source of information about the registered professionals who are being employed or put on client assignments.

NSR not follow any practice of blacklisting the employees.

Regards
NSR team

There are many unions for the benefit of employees working in IT/ITeS/BPO sector.

You may go thru another thread at:

https://www.lawyersclubindia.com/forum/Bpo-s-call-centers-mnc-s-65172.asp#.UbyA3OeAqWM

As any organization can not create and operate a Cartel to blacklist any employee the companies in order of have totally compliant employees apply tactics which an ill informed employee does not understand and does not know how to counter.

It is for the benefit of employee to keep access to a lawyer/law firm, be a member of unions and remain properly informed.

You may go thru other relevant threads:

https://jyotibha.wordpress.com/

Nasscom hell bent on promoting ghetto system in the Indian IT industry

Indian IT companies want to hurt insubordinate employees even after firing them by means of blacklisting.

https://abigbrother.com/index.php/2013/01/is-blacklisting-employees-legal/

Is blacklisting employees legal? 1

Hello Sir,

 I have been working for a company for past 3 years and when i got a better opportunity with another company they said i cannot leave and i will have to server 2 months without pay and later they will finalize my final payment i requested the company to release me in a month and will pay for the one month to which they did not agree later i lost that opportunity and decided to leave but then they threatened  me to blacklist and also they would make sure no other company hires me and i left the organization immediately as i was feeling very low but i kept emailing them and asking them for a process where i can make my 2 months’ pay to them and get my reliving but later they send me a huge amount and said that is what i need to pay them to get my relieving .

So my question is how safe is a employee working for such companies and what steps should he take ..

Thanks

@Ahs,

HOPE YOU WILL TAKE THIS POST POSITIVELY!

 The rowdiness of bosses is not a new or unknown thing to lawful authorities and Law and courts.

Once again the question arises: “Why Employees continue to suffer with such tantrums/transgressions by employers and their CRONIES/ATTRONIES in Line/HR Managers????

Because Employee’s find it shameful to unite, form unions/Grievance Redressal committee/Works Committee, affiliate with trade unions, retain access to an able Labor Law Consultant/service Matters lawyer/Law firm!!!!!!

Majority of the employee are ill informed and ill informed employee is susceptible to exploitation.

Your able Labor Law Consultant/Service Matters Lawyer/Law Firm may like to go thru the language of job advertisement, job application,interview call letter,offer letter etc, break up of the salary mentioned in etc….verbatim………………and even your communications by email……………. For building favorable written record use at appropriate time in appropriate forum.

You may reply pointwise to each point:

1. To whom you have addressed all emails?

 Have you resigned? If yes what is the notice period tendered by you?What is the noticve period stated in appointment letter issued to you?

Below are the Answers to your questions sir,

1. To whom you have addressed all emails?

 Have you resigned? If yes what is the notice period tendered by you?What is the notice period stated in appointment letter issued to you?

1A.The Notice period was mentioned as 2 months but i got the approval from my concerned client manager to get the release in 1 month but my company neglected it completely and forced me to stay back.

You have not replied to:

3. What is your ..........nature of duties? How many people were reporting to you? Did you have any power to employ,terminate,sanction leave (or recommend ……but clarify) ,grant increment etc?

You may also post if:

--option of notice pay in lieu of notice period is applicable to employee?

--Employer can terminate with immediate effect by paying notice pay?

--it is stated that the notice period shall be applicable as per 'Client's requirement' or  the employee has to take clearance and approval from 'Client'? 

You have to check at your end in your state  whether any exemption has been granted to your company/trade of your company from provisions of standing orders or not...................and if not then standing orders shall be applicable.........and if  certified (CO) if your designation is covered then CO shall govern the service conditions.......................and if not certified Model Standing Orders shall apply.

Were you under probation period or confirmed? Is it clearly stated that notice period of 60 days is applicable in Probation Period or after confirmation?

You may to show your all docs for first hand feel and assessment. Are you willing?