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Dinesh DivekarDear Ashima Nanda,
Which company had issued the appointment letter? Which company was disbursing the salary and issuing the salary slip to the employee? The same company should issue the "Service-cum-employment Certificate" and the background verification letter should go to them. Nevertheless, since the employee did not work for that company, but a third party, the company can very well mention the name(s) of the third-party company (or companies) along with the duration for which the employee had worked. A certificate of this kind would have brought clarity.
From India, Bangalore
ashima-nanda@Dinesh Company-y has issued him the offer letter and the candidate was working for company-X the name of the Company-X is also mentioned in the offer letter. So will this come under misrepresentation of the fact. Should we terminate him from the job or if he provides the letter we should allow him to continue.
From India, Pune
p-lekha-jacobsAshima - please hold on to the thought of simply a firing a person. Please do not take a decision in a professional haste.
To us, this seems to be a case of 'BGC Aberration'. It is not a negative BGC result. Please try to understand the difference.
Practical advice: Please follow-up with the candidate to furnish more supporting proofs for his employment. Please clarify the employment type and the correct entity who employed him/ her.
1. Do not mark BGC for him/ her as negative - it is not right.
2. Give the candidate ample opportunity to present his/ her case and then ask for more supporting documents.
3. Please re-route the BGC for this employment specifically to the candidate again and ask to sumit correct employer name and relieving letter again. It needs to be validated again, simply.
4. Do not humiliate or victimize a candidate under any circumstance - it is not professionally right. It is not wise to lose a deserving candidate over just an aberration.
There is not always a right or wrong decision - it will depend on more information, supporting documents and facts, etc.
From India, Delhi
In the other post I have mentioned my situation which is similar.
Company wants to terminate me in this ground of confusion.
Can you please let me know how to approach and whom to approach to save the termination.
I am really tensed from last couple of months.
My family is dependant on me.
From India, Pune
This is indeed a serious issue. Now, different companies may treat this problem differently. But if such a thing happens in background verification, it will be considered a misrepresentation of fact. Most companies in India terminate an employee in such cases. You too can do the same. Not to forget, some companies even accept the apology from such employees if he or she has a valid reason or provides the letter. So, have a word with the employee as well as try to solve the problem in a good way.
Hope this answer helps you.
From India, Noida
saswatabanerjeeWhether this is a misrepresentation is something you have to decide based on the documents and facts. since we do not know the reality, we can not make the judgement.
You need to see if he made it very clear that he worked as a contractor or an outsourced employee. If he didn't, if he pretended to be directly employed, then the matter is of misrepresentation. If he give you a fake experience letter, then it is a fraud.
Whether you are to reject him or not again depends on your internal processes and regulations. I do not think you are qualified to take this decision. You probably need to take it to the HR Head or someone in the chain of command who can make the decision
From India, Mumbai