Can HR Blacklist a Candidate via NASSCOM Without NSR Registration? Seeking Clarity

abduljaffar
Hi,

I wanted to know if the candidate is not registered in NSR, is it possible for the HR or company to blacklist the candidate or put his details in NASSCOM and blacklist him?
ashwanthfernando
Hello,

First, let's get things straight. Indian companies threaten employees under the name of "blacklisting" them so that they cannot get a job in the future. However, if you leave a company on short notice, absconding, or due to insubordination, the employer CANNOT blacklist you from future employment.

If an employee discovers that a particular employer is hindering their future employment opportunities, they can sue the employer for a substantial sum of money in court and WIN!! The employer would then face serious consequences.

Therefore, never consider blacklisting an employee. Things do not work that way; what may seem unfair to you may not be perceived as unfair by everyone. If an employee disappears or absconds from your organization, consider strategies to decrease attrition rates instead of resorting to unlawful tactics. That is the correct approach to handling such situations.

Avoid getting embroiled in a class-action lawsuit. It could be highly damaging to the company and your personal life, as the chairman would likely hold you - the HR personnel - accountable before addressing the thousands of employees under your charge.

If you must impose restrictions, confine blacklisting within your own company. By doing so, you will be legally protected.

I hope this revised version accurately conveys the intended message while addressing any spelling or grammatical errors.
rackmca
NASSCOM wasted one. No one has the right to blacklist candidates. It's a bad thing. Everyone has their own freedom. This is a Free bird world. It's a funny thing.
Sunilkm
As long as Indian Territory remains a Republic, there is no need to worry about those things. This is not the Gulf region to implement a Sultan's rule.
ambsace2003
I'm curious to know, when companies are large, an employee, however legally correct, cannot take a long stand in court (being practical here). Is there an easier, effective, and correct way to tackle this threat? Some organizations seem to use this as a retention policy, sadly.

Understanding Blacklisting in Indian Companies

First, let's put things straight. Indian companies threaten employees under the name of "blacklisting" them, so that they cannot get a job in the future. However, if you leave a company on short notice, abscond, or show insubordination, the employer CANNOT blacklist you from future employment. If the employee finds out that a particular employer is preventing them from future employment, they can sue the employer for an ungodly sum of money in court and WIN!! The employer will have to go to the streets.

So, don't ever, ever think about blacklisting an employee. Things don't work that way; what you see as unfair will not be unfair to everybody. If an employee disappears or absconds from your organization, think about what you can do to decrease attrition rates instead of taking unlawful shortcuts. That is the correct route. Please don't get caught in a class-action lawsuit. It will be very detrimental to the company and to your life, since the chairman will first rip you—the HR—apart, and the thousands of employees working under it. Blacklist in your own company, not everywhere else. You are lawfully safe then.

Regards.
If you are knowledgeable about any fact, resource or experience related to this topic - please add your views. For articles and copyrighted material please only cite the original source link. Each contribution will make this page a resource useful for everyone. Join To Contribute