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In other thread you have posted at:
https://www.lawyersclubindia.com/forum/Background-verification-121645.asp#.VZ4XUbV-jMp
“Recently, I applied to move in a better domain which initiated my Background Verification again.
I had submitted 3 months experience of a small company which is shut down. They are asking for HR contact person or any colleague who worked there earlier; but I don't have any such info now as company is closed and I am not able to reach out to anyone.
I had submitted 3 months experience of a small company which is shut down.”
Is it stated in any of the documents/rule/policy that employee has to make an application to move to dept/domain of………………(name of Dept/Domain) etc………………..and sign a BOND/Service Agreement? Download all such documents/rules and attach these with email from personal email id followed by letter thru Redg.Post!
Was the BOND/Service Agreement place before you after moving you to other Dept/Domain?
Did you sign it and do you have the copy?
The BOND/Service Agreement was created in lieu of what extra ordinary favor by the company e.g. some certified training from some certified Instt. at the expense of company that would add to your qualification? If there was no extra ordinary favor then your counsel may opine that BOND is unconscionable/unreasonable/VOID.
It is none of your obligation to provide any HR personnel or anyone else working in the company.
As per law of the land each company has to register before starting its business and apply before closing to an authority as prescribed under law/enactments applicable to the company.
If it was IT company then it was covered by (name of the state) Shops and Commercial establishments Act and as per (name of the state) Shops and Commercial Establishments Rules it had to submit various registers (even if by electronic mode) pertaining to DOJ/LWD/Wages Paid of each employee………………………e.g. Form ‘N’ as in Tamilnadu Shops and Commercial Establishments Rules. If the company has not submitted these again you are not at fault.
If you have submitted experience certificate and BGV was conducted on joining and it succeeded then it is sufficient. It is internal/private need of the company and you are not involved in it.
If company does not know how to conduct BGV or is unable do it on joining and repeatedly later, you are not responsible and accountable and not liable to pay any penalty.
You may go thru another thread at:
https://www.lawyersclubindia.com/forum/Dual-employment-fix-please-advice-123266.asp#.VZ4Xf7V-jMo
What is this establishment registered as: Commercial,Industrial?
The Division/Dept./office where you were located last is: registered as: Commercial,Industrial?
How many maximum persons are employed in it at any point of time, before and after your resignation?
The Redg Office,Corporate Office of the company, and your reporting office was located in which state?
What was your designation and nature of duties?
Did you have any power to sanction (not just recommend) leave/increment/appoint/terminate?
Were you confirmed or under probation period?
Does the establishment have its certified standing orders and is your designation covered by it or Model Standing orders apply to it?
Has it issued you any offer letter (after selection, before joining) and appointment letter after joining, and salary slip of each month, PF number, ESIC card, I.Card?
What do you mean by letter of invitation/LOI? What is it? Did you submit its accepted copy?
Do you have leave policy, HR policy, Service Rules and Regulations, Conduct and Discipline Rules, Exit Policy, that are mentioned in the appointment letter etc?
Did you resign in writing under proper acknowledgment (followed by letter under acknowledgment or by Redg. Post), and mention NO tasks are pending at your end and to whom you should handover the charge?
Are you a member of any employee’s/Trade Unions?
Have you been terminated or has any notice been issued to you?
Have you consulted an able Labor Law Consultant/Service Matters Lawyer/Law Firm dealing in labor-service matters and what is the opinion of your counsel?
You may reply pointwise to each point for further response.
