Anonymous
I recently received communication from the company in which they mentioned that if I choose not to join their organization, they would pursue a course of action that could lead to dual employment and potentially affect my future employability. I am puzzled by this statement because I have not yet received the offer letter or undergone the onboarding process with the company. Additionally, I have not signed or shared any Provident Fund (PF) forms with them.

Given these circumstances, I am curious to know how they would be able to proceed with creating a PF account or implementing dual employment without these essential steps being completed. I believe that certain procedures, such as creating a PF account, require specific documentation and my consent.

I am seeking advice on the legitimacy of such threats and the potential implications. Can they legally take actions like creating a PF account or enforcing dual employment under these circumstances? I want to ensure that I am well-informed about my rights and the proper procedures in this situation.

Thank you for any guidance you can provide on how to handle this matter effectively.

From India, Mumbai
PROFESSIONALS AND BUSINESSES PARTICIPATING IN DISCUSSION
Dinesh Divekar
Business Mentor, Consultant And Trainer
Vmlakshminarayanan
Agm - Hr&admin

vmlakshminarayanan
919

Hi
No action can be initiated by any employer merely just because the candidate accepted the offer. Their threatening communication itself can be considered as a confession from their end that they are not on right track. You may reply back to them strongly that there is no question of dual employment as you haven't worked with them not even for single day. You may further reply that their allegations are baseless and they had harassed you with false accusation for which they should submit written apology failing which legal action will be initiated.

From India, Madras
Dinesh Divekar
7855

Dear member,

You have received a communication from the future company saying if you choose not to join their organization, they would pursue a course of action that could lead to dual employment and potentially affect your future employability.

Prima facie no company can do that. Therefore, while sending a communication to them, please ask them under the provisions of which act or law they can do this. The threat to tamper with the job candidate's career is criminal intimidation. An action is said to be an offence under Section 503 when someone threatens a person with physical harm, or damage to their property or reputation in order to induce alarm to them.

Before commenting further, we need additional information. Please confirm to us:

a) When did you apply to fill in the vacancy? What was the post?
b) How many rounds of interviews have taken place? Who were the interviewers?
c) During the interview, did you commit to joining the company? Have you given any written undertaking?
d) What kind of correspondence took place between you and the company side? Is the recruitment agency involved in the recruitment? If yes, then what was their role in between?
e) Lastly, who has issued this threat of dual employment? Who was the signatory? Was it through email on a letter?

It appears the recruitment department of the company is desperate to fill in the vacancy and out of desperation someone heedless about the consequences has sent you the communication. While giving a reply, address it to the Managing Director (MD) and send the letter by Speed Post or Register Post with Acknowledgement Due (RPAD). However, do not rush to send a reply. Please wait for other members to give the replies.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Thank you for your responses. Please refer to the answers of the above questions.

a) When did you apply to fill in the vacancy? What was the post? --> I have not applied to the position, Third party consultancy approached me through the Naukri. Received an email of Job description only via mail
b) How many rounds of interviews have taken place? Who were the interviewers? --> 2 rounds of interviews have been done 1 with technical and 2nd with Client round. Both I have cracked. HR discussion was not done through the proper channel and also I do not agree with the salary that they proposed to me.
c) During the interview, did you commit to joining the company? Have you given any written undertaking? --> No written undertaking has been shared, Actually they haven't shared me offer letter yet. but I have shared my Docs for the BGV purpose.
d) What kind of correspondence took place between you and the company side? Is the recruitment agency involved in the recruitment? If yes, then what was their role in between? --> Yes, the recruitment agency has been involved from their end I have received the Job description only. and they are providing me with their payroll instated of direct payroll.
e) Lastly, who has issued this threat of dual employment? --> That recruitment agency give me threats on call only.
Who was the signatory? --> They just give me on phone call itself. Was it through email on a letter? --> No, through phone only.

From Day 1 after my selection, they tell me we do not have a budget but for you, we give you some extra money. I already tell them if this was the issue then please do not consider my profile. because other companies already give me offers more than that.
Third-party recruiter also took interview questions from me to provide to another candidate. So how I trust them so I just write an email to them to not consider my profile for offer purposes.

Is it just a false statement then how they can use it ? Just to threaten to employee?

From India, Mumbai
Dinesh Divekar
7855

Dear member,

Thank god that I asked clarifying questions in my previous post. The replies to these questions brought out what happened precisely. Otherwise, you had created a sensation. By reading your post, the average reader could assume that the threat of creating a UAN number was from the HR Department of the future company.

Anyway, such threats are vacuous. You may ignore them. Secondly, do you have material evidence of the threat? Could you record the call and if yes, then could you save the audio file? If you do not have material evidence (audio file of the call), then even if the threat is given, your accusation will become hollow.

To close the matter, you may send an email to the recruiting agency as well as the client stating you would like to withdraw your candidature. Therefore, do not make any correspondence on this subject.

Having said that you deserve feedback also. In your first post, you did not put forth the facts in a proper sequence. If you had placed the facts in chronological order, confusion would not have arisen. You need to improve your written communication skills. Whether it is an email or a business letter or a post in a public forum, write in the following order:

a) Introduction to you and the situation. Write whether you are making requests, providing information, giving instructions etc.
b) Background information
c) Build on the background information and come to the core subject. Write what were the consequences. Focus on the situation rather than the person. If you find a particular phrase or term or a sentence does not have a reference in (b), then revise it.
d) Write clearly what the other party is expected to do.
e) Closing sentence or paragraph of the post.

Thanks,

Dinesh Divekar

From India, Bangalore
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