Why Is a Gap Affidavit on Stamp Paper Necessary for My New Job Offer?

Hi, I have been offered a position with one of the Big MNCs. The issue is that I have a career gap of four months. Now, they are asking me to submit a gap affidavit on a ₹100 stamp paper, mentioning the reason for the gap.

My question is, why do they require it on a stamp paper? I really do not understand the purpose of this. This is my third company, and no other company has asked for the same.

Any suggestions would be appreciated.

Think from your employer's point of view. What they are asking is to vouch for what you have told. As a precautionary measure, they are asking you to submit an affidavit so that in the future, some unknown fact does not emerge and catch them by surprise. There is proof of employment from your past employers. However, who will certify this gap? Hence, there is a demand for self-certification in the form of an affidavit.

Difference Between MNCs and Ordinary Companies

This is the difference between an MNC and an ordinary company. It is this methodicalness that has made them an MNC.

Thanks,

I agree with the logic given by Mr. Dinesh Divekar in his response. However, I would like to add that this is not what methodicalness is, nor what makes them an MNC. In fact, in a way, it is an invasion of privacy. I am confident that such things cannot be asked from prospective employees in their own country.

In fact, there are many subjects that are off-limits for an employer to ask in developed countries. One cannot even ask whether a person subscribes to any religious faith.

You cannot ask a female applicant about her marriage plans or a married female applicant what her plans are in respect of motherhood.

It is only in India where individual liberty or privacy is not given any importance, and the employer thinks that since he is giving employment, he has the right to own the personal and private life of an applicant or prospective employee.

Giving an example, suppose the applicant is a female who has just gone through a nasty divorce or was pregnant and had a miscarriage, or maybe it was due to some personal problem and she needed four months to recover from it. Why should she be forced to state under an affidavit what she has been doing during this period?

Is it not enough that the person has taken some time off for herself or himself?

Why should it be assumed that an adult will slave as an adult until he retires or dies and shall not take some time off for himself?

If the company is worried that the person may have committed a criminal offense, then they also have certain questions in their employment application form itself.

Moreover, even if it is assumed that a person was in jail for something, four months is such a short period to assume that he had committed any grave offense.

Also, if one analyzes, then one will find that most often, corporate crimes are committed by first-time offenders.

What is the guarantee that an employee who has a perfectly unblemished and shining career so far will not commit any crime?

Moreover, in the US, a person who has already undergone punishment is offered all help to rehabilitate him and lead a normal life.

I do not have any objection, and I understand that we can do little to change the mindset of Indian corporates, which are greatly seeped into the psychology of the feudal system, which existed in the form of the Zamindari system in India.

But as HR professionals, the least we can do is, instead of praising such a system, we can at least condemn such a system which is based on mistrust and assumes that everyone is a felon or criminal unless he proves himself otherwise.

What is wrong is wrong, even though it is widely practiced and prevalent. For example, Sati was so prevalent and had social sanction and praise and reverence, yet it was rooted out. Untouchability, which is sanctioned by religion, is also being discouraged and is a penal offense.

So I hope any such practice, which compels a person to divulge his or her personal free time without any specific reason, on oath in an affidavit, should not be encouraged or praised.

Let us look at the broad principles of life and humanity, rather than some small and sundry rules made by some company or the other.

Warm regards.

Hope you have some idea now why this MNC company operating in India wants the information on an affidavit. You have the option to explain briefly what you did during the four months; for example:

During the period, I stayed at my native place and spent time with my grandparents and distant relatives. I also participated in several social activities, etc.

Or, I was staying with my uncle and his family, offering them support due to the bereavement and tragedy that occurred in their family.

Or, I was preparing for Civil Services exams, etc.

Describe briefly the activity that you were most engaged with.

Another rare option is to write a voluminous 500 or more pages story of the time you spent, in case you have been touring the countryside, traveled abroad, or did some off-track jobs, etc. The first page can be on stamp paper, and the accompanying 500 pages on bond paper available at the notary where you need to go for the affidavit.

Since this is an extraordinary case, try to do something extraordinary!

Maybe if you are successful in writing a voluminous account, you can turn it into a national best-seller!

Warm regards.

After a long while, I found your lengthy reply. Thank you for responding. We do not know if the company has instructed the applicant to provide reasons for the 4-month career break. Your response to my post is relevant only if they require you to state the reasons for the gap. However, if the company is simply asking if the applicant took a break for four months, it should not be considered an invasion of privacy. The second point concerns engagement in illegal activities, which is also worth mentioning.

Let's consider the other side of the coin. What if the applicant was involved in recruiting for a terrorist organization like ISIS? What if the applicant was radicalized by a religious organization during this four-month period? The line between legality and illegality is thin, and it is hard to determine where it stops.

Above all, what if the applicant had been employed somewhere but failed to disclose this in their CV? In such a scenario, wouldn't that be suppressing facts and falsifying the CV? Should we accept such a CV at face value?

Falsifying an affidavit is an offense. The HR department of the company is trying to safeguard the organization's interests. There is nothing wrong if they take preventive measures like asking for an affidavit to account for the 4-month gap. Additionally, many companies require job candidates to declare, at the time of joining, that the information provided in their CV and other documents is accurate, and any falsification could lead to disciplinary action.

During my time in HR, I encountered a dishwasher who had dropped out of school. Although he was over 18, he looked much younger. He did not possess a birth certificate, and Aadhar cards were not available then. I eventually requested him to provide an affidavit confirming his date of birth. I did this to protect both my organization and myself.

Thank you.

Regards

Dear Mr. Dinesh Divekar, I have studied these matters in depth. It is up to you whether you accept something speculative or act on rational data. Yes, it is quite possible, as you say, that the person may be engaged in terrorist activities. But what are the likely indicators, facts, data?

Blindly acting like a policeman or bureaucrat is not going to be helpful. You might recall that when it came to light that some terrorists used pressure cookers/tiffin boxes and bicycles for planting bombs, the police issued an order that henceforth anyone buying these items will have to furnish KYC documents like ID, photographs, etc. Now, don't you think that this causes unnecessary harassment to the general public?

And for your argument that the person may have joined ISIS and come back, do you have any data? How many persons have done this? Moreover, a skillful HR can easily find such things during the interview itself. I think that is the purpose of having a personal interview, to ascertain suitability. Just for such a figment of imagination, if you want to harass millions of job-seekers, you are most welcome!

I can only say that I am lucky that I never sought any job in your organization. Yes, you can ask for millions of documents, and yet I can assure you that in no case can you prevent any untoward incidence that may occur. If taking affidavits would have been such a potent remedy for everything and every offense, there would be no need for police, judicial systems, law enforcement, or anything. This world would become a Ram-Rajya!

So, my friend, you are entitled to your opinion (just as I am to mine), and I wish you all the best in your endeavor. Just to add, I write long messages where it warrants. This query demanded a long detailed reply.

Here is an issue of only a four-month gap. A person is fully entitled to have a break of four months without assigning any reason or explaining under oath—that is what an affidavit is, one has to state something under oath. As a matter of fact, these days, whoever is aware of the job market will agree that a four-month lead time is not sufficient for completing the process of getting and joining a new job.

As already pointed out by me, if an HR thinks that the person has been jailed during this time or, as you mention, that he has been into ISIS training, then anything can be assumed. I have even seen some more bureaucratic HR who even ask for indemnity bonds. Going by your assertion, I think you might also root for it.

It is easy to look down while thinking of criminality in an organization, but most often, one finds it advisable to look upwards, as one finds not just small incidences, but wrongs being committed on massive, gigantic scales.

Regards