My Fried has been terminated from employment after 2.7 years of service due to background verification is failed.
Reason for bgv fail : the first organization which he worked got backlisted(current employer is his 3rd organization).
Number of years he served in 1st organization : 3 years
The document he provided to prove his employment :
1)final year Form16
2)final year form 26AS
For the first 2 years he had less amount of salary(was not taxable income) and it was an improper payment, there was no Form16 available for it.
he couldn't provide a salary statement also because the bank account which he used to get salary is in closed stage. and the statement which they asked for is 6 to 9-year-old statement.
He was asked to contact the old employer for verification of employment through email by looping bgv team, but the old employer did not give a response even after sending multiple reminders. We came to know that the organization is shut down now.
The employer was not satisfied with this and Terminated him from the employment.
Question 1: Is this really a reason for terminating an employee. Because, the document which he provided never proven as fake. But it's a fact that the whole period of his employment he couldn't prove through any bank/tax statements. If yes, I'm now worried about my career also, because my 1st organization also a closed one, and they never gave me a proper salary. And it's not a single case.
Question 2 : If he is removing the blacklisted organization from his experience, will he be able to get a job in any good company. Is his separation type "Termination" going to be a question mark?
Hard realities he faced on bgv verification :
1. BGV started after he put resignation.
2. When HR told that any clearance process/proper relieving will start only after bgv verification, he withdraws the resignation, in confidence that he can prove his background verification and he will be able to leave peacefully. Managers also encouraged him to do the same. And they have given new tasks on updated technology's.
3. But after withdrawal, BU HR did not approve it. When he asked his project hr about the reason, he said you may need to provide a statement that you will not leave the organization again for 1 year.
4.He was not interested in giving any such agreement, So HR said to him that you can treat this as a notice period only and last working day will be as decided before.
5.and more than 1 month after this communication, when 27 days left to complete his notice period(on total 3 months). BU HR accepted his withdrawal.
6. he was satisfied that his BGV might be clear now. And next day requested HR and his reporting manager to have a discussion on checking the status of the same.
7.But before the call schedule, He got a termination letter. When, he asked BU HR, if you want me to relieve why did you accepted my withdrawal, the answer was, We want this resignation procedure as Termination, To complete it We accepted your withdrawel.
8. There was no, non-supportive behavior that happened from this employee, he was giving replay to all their emails, including final notice.
9. There was no one to one happened with this person before sending termination.
10. Still the reason for termination is mentioned as he did not co-operated with bgv process( he questioned this statement, but had no replay).
11. And it's happened in a MNC.
From India, Kannur
Is/are there any clause related to BGV in appointment letter as a clause lead to termination?
The BGV should be done prior to appointment not on latter date, the said norms not only bad rather illegal. Your friend need to challenge his illegal termination for his rights.
In my service carrier I did not entertain the BGV except Govt or Cent. Govt organisation. We were not doing the BGV for the people selected for employment because one can not be selected un less having documents in our hand prior to joining.
The payment one was receiving in last employment is necessary for consideration of new package for the new employment. We never entrust on collecting last salary or first salary, because package is fixed for each category. All these are happening in companies running without proper systems.
It is not understood why people closed their bank accounts on seize of service which is a bad practice because bank account can be transferred to any other place. At present stage your friend has two options to search for a new job or to go for a legal course against his termination.
From India, Mumbai
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