Can My Foreign Remote Work Experience Be Rejected by a Local Bank? Seeking Advice on Legal Options

Background:

1. I have a total of 5+ years of work experience.
2. Of which, 3+ years are in an IT company, X, registered in Malaysia with no office in India. I have worked in the company as a Software Developer, remotely (work from home) from India during the entire tenure. The company has transferred the salary every month via a 3rd-party payment service directly into my bank account every month. Since there was no tax deduction from the company's end, I have filed ITR-4 and paid taxes under Section 44ADA during this time. Upon leaving, the company has issued me an experience letter under the company head and seal with the director's signature.
3. I later joined a government-owned bank, Y, in India, which didn't require any prior experience. I worked in the bank for 2 years and resigned after serving the notice period. I requested my manager to issue me an experience letter, which he gladly did.

Query:

I have now applied for a higher position in another government-owned bank, Z, which requires 5 years of experience, for which I technically qualify. My concern is:

1. Can the new bank, Z, deny the validity of the experience letter issued from a foreign company? I have the experience letter, contract of employment, and bank statements of salary credit from company X.
2. I had emailed the bank Z regarding this, and they replied that the company must have an office in India. Is there any law to back this?
3. What are my options to fight if the bank Z denies me the opportunity for the job?

My Argument: It feels illogical that work experience becomes invalid just because the work was done for a company that does not have an office in India. I have paid taxes, so it was not even an undisclosed work/income. But I understand that the bank Z may simply reject my application, and I would have to evaluate if I should pursue this legally or not.

**Location**: Vadodara, India

Validity of Work Experience from a Foreign Company without an Office in India

In the scenario described, where you have gained significant work experience from a foreign company without a presence in India, it is understandable to have concerns regarding the validity of this experience when applying for a new position in an Indian organization. Here are some key points to consider and potential steps you can take:

1. [Icon] Legal Perspective:
- While there is no specific law that mandates a company to have an office in India for the work experience to be considered valid, some organizations may have internal policies or preferences regarding the source of work experience.
- It is essential to review the specific eligibility criteria provided by Bank Z and understand their rationale for requiring the company to have an office in India. This can help you assess the situation better.

2. [Icon] Documentation and Evidence:
- Your experience letter, contract of employment, and bank statements from Company X serve as crucial pieces of evidence to validate your work history and contributions during your tenure with the foreign company.
- Ensure that these documents are well-organized and clearly demonstrate the nature of your role, responsibilities, and the duration of your employment.

3. [Icon] Communication and Clarification:
- It is commendable that you have proactively reached out to Bank Z to seek clarification on their stance regarding work experience from a foreign company without an office in India.
- Consider requesting a formal meeting or discussion with the relevant HR or recruitment personnel at Bank Z to present your case and address any concerns they may have.

4. [Icon] Appeal and Resolution:
- If Bank Z decides to challenge the validity of your foreign work experience, you can explore options to appeal their decision.
- Seek guidance from legal professionals specializing in labor laws or employment matters to understand the legal recourse available to you in case of a dispute.

5. [Icon] Evaluation and Decision:
- Evaluate the significance of this opportunity at Bank Z in alignment with your career goals and aspirations.
- Assess the feasibility and potential outcomes of pursuing legal action against the bank, weighing the costs, benefits, and potential impact on your professional reputation.

In conclusion, while the absence of a physical office in India for Company X may raise questions, your diligent tax compliance and possession of relevant documentation can support the credibility of your work experience. Engaging in open dialogue with Bank Z and seeking legal advice can help clarify any uncertainties and determine the best course of action moving forward.