Anil.arora
Administration Head
Psdhingra
Legal Analyst, Hrm
Kamalkantps
Advocate
+4 Others

Thread Started by #dinssss

Hi All,
I have been working in a Big MNC for the past 1 year and 5 months.Suddenly one day My manager called me and asked not to go to office since the BG (background verification ) is red.When I called the HR they said the company I worked for almost 7 years back is Black listed now.I asked ,if the company is blacklisted now what I can do for it.They said they will issue a termination letter.After that company(7 years back) I have worked for 2 big MNC .Even I have submitted my resignation till now I don't know the status of it.Since they blocked my access but no termination letter till now.hope can some one help me..Is there any way I can get the relieving and experience letters .Its a biggest fraud company which everyone knows in the industry.
18th November 2011 From United States, Littleton
It is wrong that what company is doing in your case. You have joined the company almost one and half year back and now how they can say your back ground verification is RED. Since last 1 and half year they know what you are and what is your role and responsibility if the company where you worked previously is Black listed. You have already submitted your resignation also hence they have to issue you the clean service certificate.

Pl. don't accept the termination letter, instead of confronting talk to HR & senior management team not to spoil your career by issuing the termination letter. They might have not expected your resignation & if I am not wrong you might be a critical member of the organization hence they are unable to digest you leaving the company hence they may be victimizing you.

Try to resolve the issue in a soft way failing which you have to proceed legally. If you have submitted any wrong information / documents etc then only you will on Red but if your previous company is black listed and that too after 1 and half year they can not do it.

Regards - kamesh
19th November 2011 From India, Hyderabad
My Dear Friend,
That your present Company, for whatever reasons, has now woken up to discover the one of the organizations that you worked for 7 years ago has been blacklisted now, and therefore has decided to dispense with your services, is ridiculous. It is most illogial and unfair.
You have stated the you did submit your resignation. Stay with it.
You could also send a copy of your resignation letter (which you have already mailed to them) to your Company's HR by Registered Post to validate your stand.
Yes, also as suggested by someone, please do NOT accept any Termination order if it is sent to you.
Keep the fact of your having resigned alive, and ask for settlement of dues in Full & Final, at the earliest.
For any further advice in the matter, please feel free to contact me on my mobile: 09717726667 or by email :
Best Wishes,
Vasant Nair

20th November 2011 From India, Mumbai
Of course, quite wrong on the part of the present employer. If past company is blacklisted, the employees cannot be expected to bear the brunt on account of any fault on the part of the company. Board of Directors of the company can be hel responsible. If your present company was so conscious about the blacklisting of your past employer, they were well at liberty not to consider your candidate at the time of your recruitment, not after about one & half year of your appointement. Performance of the employee should be the factor for consideration rather than his past employer.
Now, instead of waiting for the termination letter, just send a registered letter asking for the progress of your resignation notice, referring the resignation letter and attaching a copy of original resignation letter, instead of sending any fresh resignation. Don't rely or comply on their verbal instructions. BE CAUTIOUS IN DEALING WITH ANY COMMUNICATION FROM & TO THE MANAGEMENT.
20th November 2011 From India, Delhi
Hi All,
I have seen such an incidence with my HR colleague but at the same time found her really helpless fighting against the management. on the day when you go to resign they say its a termination based reason being your performance. I sincerely believe that the employees are the right people to judge the performance of the HR. and there were no employee complaints queries nothing. All this was done going on to very personal level of the employee. And she was issued a termination letter.
I want to know that cant we take any actions against such companies or such HR personnel.
regards,
Supriya
20th November 2011 From India, Pune
I would also like to add that there were employees who when came to know about this incidence were willing to stand for the HR and tlk to management about cancelling the termination letter. But to avoid any issues to the other co workers she refraind from doing this.
regards,
Supriya
20th November 2011 From India, Pune
Hi All,
need your advice again.As suggested by your valuable comments I have already sent the Resigntaion copy last week through Registered post.The very next day I got this email.Please advice me again.Till now there is no official letter from them.
The email they sent is below...
Dear XXXX,
As discussed on last Friday, even after reducing our BG Scope, your previous employer( xxxxx) is still covered under our New BG Scope and your BG remain as RED.
Hence, it would not be possible to issue normal relieving letter.
24th November 2011 From United States, Littleton
Dear Friend,
I do not understand what your employers mean by a "normal" relieving letter.
Please impress upon your employers that just because one of your previous employers has been marked "RED" it does not flow that you as an individual employee also has to be treated likewise.
Also, impress upon them that in view of all that is happening with you, you had taken a decision to leave the Company and had therefore submitted your resignation some time ago. Since you had not heard anything from your employers in this regard, you had sent copy of your resignation sent by email, by Registered Post.
Under the overall circumstances, request your Company's HR to accept your resignation and send you their acceptance of the same ASAP. In doing so their purpose of delinking you is served as much as yours in a graceful manner.
Ask them to settle your dues in full and final settlement and relieve you also, ASAP.
Best Wishes,
Vasant Nair

24th November 2011 From India, Mumbai
It is indeed a sad thing.. .I agree with you all and a very good suggestions by Mr. Nair and Mr. Dhingra.
Diness as you already have done what the other people have suggested you above, now i wud say that you must contact your local area Employment Commissioner/officer or Labour Officers and tell them the whole story. You can also make a written complain against your employer they will certainly help you.
24th November 2011 From India, Gurgaon
Till now there is no response from the HR.Moreover I didn’t get any response for the Registered copy which I have sent before..What should I do next?I’m really worried...
16th December 2011 From United States, Littleton
well it seems you forget to speak to the RPFC or Labour Officer as suggested above. You were advised to make a written complain against your employer and need to speak to them directly if you are not getting proper response from HR (Your Employer)....
What you did?
16th December 2011 From India, Gurgaon
I have been trying to contact the chennai Labour officer but I'm not able to get a appointment till now.I have sent an email explaining all the things that have happend.I got the email address from Tamilnadu site...
16th December 2011 From United States, Littleton
You dont need to ask them for an appointment or using email communication. You need to visit your Local Authority directly once if you wanna early and appropriate action. I wont say that you cant get any response of your email but it will take time and as your massages is showing you need it in a quick response. Hope you are getting my point.
16th December 2011 From India, Gurgaon
My Dear Friend, where does the RPFC figure in? This matter is best addressed between the concerned parties in an intelligent, amicable manner. Vasant Nair
16th December 2011 From India, Mumbai
Mr. Nair i appreciate you answer but it seems you have skipped something to read. In his anwser, Party No. 1-Dinssss, has tried alot to speak to his HR and his manager and superior (Party No. 2) but didnt get any specific solution (both the parties has done their job with no solution).
Do you really think that he still can get any specific solution of his problem by discussing and just requesting with them?? If you have any thing, any solution, please advise, we'll be really grateful to you..
16th December 2011 From India, Gurgaon
Dear Don't wait for the appointment just go to Local Labour Office and tell them the situation. The reason of termination is absurd and hence illegal. You have to proactively take this matter up before the labour commissioner. They cannot ask you to resign nor can terminate you on this ground. I would suggest that do not tender the resignation and take up this matter legally before the labour court.
Call me in case of any doubt.
17th December 2011 From India, New Delhi
Hi All,
I followed all the advice's from Cite HR like sending Registered post,given a complaint in Labour office but till now I didn't get any updates from the company.Without this letters I'm not able to join any companies.Can some one pls advice?
Thanks
27th January 2012 From United States, Littleton
Dear Friend,
Please go to Labour Office and do rigorous followup with Labour inspector and if they do not take any action on your complaint within 45 days or you do not get the resolution of your problem with in 45 days, you can directly approach to the Labour Court under section 2A of ID Act and get the notice issued from court itself. Under this section you can approach Labour Court very easily.
Best of Luck.
30th January 2012 From India, New Delhi
Hi All,
Today I met Deputy commissioner of Labour and he advised me to talk with HR since the company is not willing to give the necessary letters since my BG is red.I'm really frustrated since I have been struggling to get the letter.Can some one give me advice me what to do next?Its been almost 4 months now..
Thanks
27th February 2012 From United States, Littleton
Sorry Friend for responding late,
You should go to labour court and find a good Lawyer to represent yourself. Your case is very good they cannot terminate you on the such bases. Please also attach all your correspondences with labour office in this regard while approaching Labour Court. they will have to pay you compensation for the hardship caused to you.
7th March 2012 From India, New Delhi
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