Hello Everyone, I was supposed to Join MNC on 17 th on this month and as per mentioned in the offer letter, I asked my latest company for early release as I was getting a transfer from one city to another and they accepted that and provided me release with all the required documents one week prior from my new joining. I have clearly emailed and sent the snapshot to my new employer about my last date and confirmation on Joining after so many emails I was getting a proper response from my recruiter and at last just before two days I got the response that my joining got extend for 15 Days because of BGV Issue.
My concern here is that I have already been released by my latest company and now I am jobless, no salary and these days will be wasted. Will this Gap effect in the future? What Can I do here? Should I ask my HR to provide me compensation or negotiate the salary once again? what is needed from my side to get done in this case? Is this is normal?
21st June 2019 From India, Deoria
t is a matter of 15 days. If the new company decides to withdraw the offer letter, then what can you do? Or after allowing you to join, if they terminate you saying no reason for termination how can you respond? You cannot do anything. Therefore, forget about the 15 days pay and 15 days gap in service. Anyway you are joining the new company for a long tenure with them and we should always think that this will be my last company and I will not add any more company to my CV. If so, a gap of 15 days is nothing. And you don't need to explain why this gap of 15 days. At the same time, if you had to leave the new company also, you can very well explain what was the reason for this gap.
It is up to you to ask for compensation for 15 days lost in your service. If you ask it, that will be recorded in the service book and will remain as a black mark in your career. Had I been the HR of your new company and if you had asked me for compensation I would certainly record it in your service book and that would certainly be affected in your next appraisal or decision to confirm your service.
21st June 2019 From India, Kannur
Dear Friend,
What this company has done to you is very scandalous. I think company has to learn a lesson. If any company wants to do BGV, then it should be done during your notice period rather than leaving your old company, you have become jobless due to the irresponsibility of these people. Wait for 15 days and they ignore you again , I think you have to take legal action with them for playing with someone's career.
21st June 2019 From India, Mumbai
What kind of legal action can be taken against the new company? Is it mandatory that one should undergo background verification before he is allowed to join? If so, you cannot induct a single employee. This is a platform of HR Professionals. I am asking the question, how many of you respond to the background verification queries of HR of other companies? I had asked this question some time in 2014 when I failed to get the verification in time. That also from a very reputed company. at the same time, ask me, if I had kept the verification of any of my former employee. I can very boldly say that I have never delayed any background verification of any of my former employee.
Now coming to the present case, it is true that delaying joining on account of background verification is unethical but not illegal because it is done as per the company's policy and there is no such law which says that an employee should undergo verification process. Now just the case of government job. The verification takes place after joining also. The employee is permitted to join based on a declaration from him to this effect and if due to any reason his background verification fails, he will be out.can you file a suit against the employer,ie, the Govt? No.
Likewise, if the employer permits him to join and after that verification becomes negative,then also there are chances of his losing the job. During probation,any way, no reason need to be given for termination also. If terminated, it should be construed as part of the game, because any decision would involve an element of risk.
21st June 2019 From India, Kannur
@Madhu.. There was plenty of time before the joining the company should complete the BGV before that. What do you think??
Now once I have taken the relieve from the last employer they informed its not done and still in progress.
I think this is really not justified.
22nd June 2019 From India, Deoria
Dear Madhu Sir,
If a company offers you an offer and you leave a job reliant on it, then if it's not the company's fault then who's fault. Such practices can make someone's family stand on the road and you are saying that we don't have a right to take any legal action. they have to tell the valid reason behind extending his joining date,otherwise he is having full right to approach legally.
If someone abused us on the road then also we can register the complaint, even this topic is more considerable than that.
22nd June 2019 From India, Mumbai
I have already said that for every decision there is an element of risk. If you resign and join another company and after that you feel uncomfortable,then also your family will be on the roads. It is true that whatever the company has done is unethical but not illegal. The employee employer relationship starts only when the employee joins. If the company waits for your three months notice period and you don't join, then will the company take legal action? No. They can't do anything. It should be construed that you took three months to study the new company and finally decided not to join, that's all. I repeat this is again unethical on the part of employee.
24th June 2019 From India, Kannur
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