Dinesh Divekar
Business Mentor, Consultant And Trainer
Raj Kumar Hansdah
Shrm, Od, Hrd, Pms

Thread Started by #Anonymous

Hi I have been offered with one of Big MNC. the problem is I have career gap of four months. Now they are asking to submit a GAP affidavit on 100rs stamp paper mentioning reason for gap.
My doubt why they are require on stamp paper?? I really did not understand what is the purpose of this... this is my third company and no company asked for the same
Any suggestions appreciated
8th September 2016 From India, Hyderabad
Dear friend,
Think from your employer's point of view. What they are asking is to vouch for what you have told. As a precautionary measure they are asking to submit affidavit so that in future, some unknown fact should not emerge and they could catch by surprise. There is proof of employment from your past employers. However, who will certify this gap? Hence this demand for self-certification in the form of affidavit.
This is the difference between an MNC and ordinary company is. It is this methodicalness that has made them MNC.
Thanks,
8th September 2016 From India, Bangalore
I agree with the logic given by Mr. Dinesh Divekar in his response.

But I would like to add that this is not what methodicalness is, nor its what makes them MNC. In fact, in a way it is an invasion of privacy. I am confident that such things can not be asked from prospective employees in their own country.

In fact, there are many subjects that are off-bound for an Employer to ask in developed countries. One can not even ask whether a person subscribes to any religious faith.

You can not ask a female applicant about her marriage plans or a married female applicant whet her plans are in respect of motherhood.

It is only in India, where Individual liberty or Privacy is not given any importance, and the Employer thinks that since he is giving employment, he has the right to own the personal and private life of an Applicant or prospective employee.

Giving an example, suppose the applicant is a female, who has just got over a nasty divorce, or a was pregnant and had a miscarriage, or may be it was due to some personal problem and she needed four months to recover from it, why should she be FORCED TO STATE UNDER AN AFFIDAVIT what she has been doing during this period ??

Is it not enough, that the person has taken some time off for herself or himself ??

Why should it be assumed that an adult also will SLAVE as an adult till he retires or dies, and shall not take some time off for himself ???

If the Company is worried that the person may have committed a criminal offence, then they also have certain questions in their Employment Application Form itself.

Moreover, even if it is assumed that a person was in jail for something, four months is a such a short period to assume that he had committed any grave offence.

Also, if one analyzes then one will find that most often, Corporate crimes are committed by First Time Offenders.

What is the guarantee that an employee who has a perfectly unblemished and shining career so far, will not commit any crime?

Moreover, in US a person who has already undergone a punishment, is offered all help to rehabilitate him and lead a normal life.

I do not have any objection and I understand that we can do little to change the mindset of INDIAN Corporates which are greatly seeped into the psychology of FEUDAL SYSTEM, which existed in the form of Zamindari System in India.

But as HR professionals the least we can do is; instead of Praising such system, we can at least Condemn such system WHICH is based on MisTrust and assumes that Everyone is a Felon or Criminal, unless he proves himself otherwise.

What is wrong is wrong, even though it is widely practiced and prevalent. For example, Sati was so prevalent and had social sanction and praise and reverence, yet it was rooted out. Untouchability, which is sanctioned by religion, is also being discouraged and is a penal offence.

So I hope, any such practice, which compels a person to divulge his or her personal free time without any specific reason, on oath in an affidavit, should not be encouraged or praised.

Let us look at the broad Principles of Life and humanity, Rather than some small and sundry Rules made by some company or the other.

Warm regards.
8th September 2016 From India, Delhi
Dear Anonymous friend

Hope you got some idea now, on why this MNC company operating in India, wants the information on an Affidavit.

You have the option to explain what you did during the four months as briefly as possible, ;like :

During the period. I stayed at my native place and spend the time with my grand-parents and our distant relatives... I also participated in several social activities...etc etc.

Or, I was staying with my Uncle and his family and offered them support due to the bereavement and tragedy that occurred in their family...

or, I was preparing for Civil Services exams...

etc etc.

Describe briefly the activity that you were most engaged with.

Another option, which must be rarest of the rare; is to to write a voluminuos 500 or more pages story of the time you spent, in case you have been touring the countryside, or travelled abroad, or did some off-track jobs etc. The first page can be on Stamp paper, and the accompanying 500 pages on Bond-paper available at the Notary where you need to go for the Affidavit.

Since this is an extra-ordinary case, try to do SOMETHING EXTRA-ORDINARY !!

May be if you are successful in writing a voluminous account, you can turn it into a national best-seller !!!

Warm regards.
8th September 2016 From India, Delhi
Dear Mr Raj Kumar Hansdah,

After a long while I am find your long reply. Thanks for the reply.

We do not know whether the company has told the applicant to mention the reasons for the 4-month career break. Your reply to my post becomes valid provided they force you quote the reasons for the gap. Nevertheless, if the company is just asking that the applicant had taken a break for four months then it need not be construed as invasion of privacy. The second declaration is about engaging in illegal activity. That also merits mention.

Let us come to the other side of the coin. What if the applicant was organising recruitment for terrorist organisation like ISIS? What if during this four month period, the applicant was radicalised by some religious organisation? The line that divides legality and illegality is thin and what stops where cannot be estimated.

Above all, what if the applicant had worked somewhere yet he had not mentioned this fact in his/her CV? In such case, will it not be suppression of facts? Is this not falsification of CV? Should we take such CV at its face value?

Falsification of affidavit is offence. The HR of that company is trying to protect the interest of their organisation. Nothing wrong if they take this kind of preventive measure. Asking for affidavit for the 4-month gap apart, at the time of joining, many companies take declaration from the job candidate affirming that the information he/has provided in his CV and other documents is truthful and if the falsification is discovered then he/she is liable for the disciplinary action.

During my HR days, I had a dish-washer who was school drop-out. Though he was 18+ he looked like adolescent. He did not have any birth certificate. During those days, Aadhar card was not there. Finally I told him to provide affidavit confirming his date of birth. This I did to protect my organisation in general and myself in particular.

Thanks,
8th September 2016 From India, Bangalore
Dear Mr. Dinesh Divekar

I have studied these matters in depth. It is up to you whether you accepot something speculative or act on rational data.

Yes it is quite possible as you say, that the person may be engaged in Terrorist activities. But what are the likely indicators, facts, data ??

Blindly acting like a Policeman or bureaucrats, is not going to be helpful. You might recall that when it came to light that some terrorists used PRESSURE COOKERS/TIFFIN BOXES and BICYCLES for planting bombs, the Police issued an order that

henceforth anyone buying these items will have to furnish KYC documents like Id, photographs etc.

Now, don't you think that these causes un-necessary harassment to the general public ???

And for your kind argument that the person may have joined ISIS and come back, do you have any data ?? How many persons have done like this ???

Moreover, a SKILLFUL HR can easily find such things DURING THE INTERVIEW itself. I think that is the purpose of having PERSONAL INTERVIEW, to ascertain the suitability.

Just for such FIGMENT of IMAGINATION if you want to harass MILLIONS of JOB-SEEKERS, you are MOST WELCOME !!!!!

I can only say that I am LUCKY that I never sought any job in your organization.

Yes, you can ask for MILLIONS of documents, and yet I can assure you that in NO CASE you can prevent any untoward incidence that may occur.

If taking AFFIDAVITS would have been such a potent remedy for everything and every offence, there is no need for Police, Judicial System, Law Enforcement or anything. This world will become a Ram-Rajya !!!

So my friend, you are entitled to your opinion, (just as I am to mine), and I wish you all the best in your endeavour.

Just to add, I write long messages, where it warrants. This query, demanded a long detailed reply.

Here, is an issue of only four months gap. A person is fully entitled to have a break of 4 months without assigning any reason or explaining UNDER OATH - that is what an Affidavit is, one has to state something under Oath.

As a matter of fact, these days, whomsoever is aware of the job-market, will agree that four month is not sufficient LEAD TIME for completing the process of getting and joining at a new job.

As already pointed out by me, if an HR thinks that the person has been jailed during this time or as you mention that he has been into ISIS training, then anything can be assumed.

I have even seen some more BUREAUCRATIC HR who even ask for INDEMNITY BOND. Going by your assertion, I think you might also root for it.

It is easy to look down, while thinking of criminality in an organization, but most often one finds it is advisable to look upwards, as one finds not just small incidences, but wrongs being committed on a massive gigantic scales.
8th September 2016 From India, Delhi
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