Facing a Negative Background Check Without Form 16: What Should I Do Next?

Hi all, I received an offer from XXX on April 5th, 2019, and my joining date is June 10th. I have submitted all the documents except the Form 16 from my previous company because I only received a cash salary of ₹5000, so Form 16 is not applicable in that case. I asked my recruiter what to do since I don't have Form 16. She mentioned that it's not a problem and asked me to upload my payslip, which I did. I submitted all the documents on April 25th. However, by May 16th, I hadn't received any updates on the background verification status. On May 17th, I emailed my recruiter to inquire about the BGV status. She then informed me over the call that my BGV status is negative, and my offer will become invalid shortly.

I am now in a dilemma as I have already resigned from my current job due to receiving the offer from XXX, and I am currently in my notice period.

What steps should I take next?

Understanding Risk in Career Decisions

Every decision will involve an element of risk. You have made the decision to leave your current organization and join another one. There is a risk involved. It may be that after joining the new company, you find it is not suitable for your career growth or financial goals. Similarly, the company that has hired you may also find that you do not meet their expectations. This is why a probation clause is included in the employment contract. During the probation period, you can decide whether to continue or not, and the company can decide whether to confirm your employment. If the background verification fails after you have joined, you may lose the job.

Employer and Employee Rights

There are numerous instances where an employee who accepted an offer did not end up joining. In such cases, the employer cannot take any action. Just as every employee has the right to choose their employer, every employer has the right to select the employees they wish to hire.

Withdrawing a Resignation

You can approach the HR department of your current company and withdraw your resignation. If the company has not yet started the process of hiring a replacement, they may permit you to stay, with the condition that you will not attempt to resign again. It is advisable to identify where the background verification process failed so that you can rectify any issues and successfully pass similar verifications in the future.