Background and Initial Employment
To give a perspective on my problems, I started my career as a fresher engineer in October 2013 with a global IT giant in India (Company-A). However, due to location issues, on the 15th of January 2014, I sent an email (and also sent my ID card via secure courier) to my supervisor and HR and left the job. I had signed a contract during joining to pay them a bond money of 95,000 INR if I quit my job within a year. I did not pay this money, and as a result, I never received an experience letter or relieving letter from Company-A.
Subsequent Employment
I started a new job in my hometown (again as a fresher) with another IT company (Company-B). I worked at Company-B with distinction until the 30th of March 2019. I applied for resignation from Company-B, followed all proper procedures, served the notice period, and joined Company-C on the 1st of April 2019. My present employer (Company-C) is unaware that I worked at Company-A, as I chose to hide my employment at Company-A from both Company-B and Company-C.
Recent Developments with Company-A
A few days ago, I received a call from the recruitment team of Company-A, asking if I wanted to join for an open position. I informed them that I had absconded from Company-A many years back. They told me that, according to their system, my status is marked as "Normal Exit" and not "Absconded," and that I was free to rejoin Company-A. Consequently, I had one round of technical interview and one HR interview, both of which I performed well in. Now, the recruitment team of Company-A is requesting my relieving letter/experience letter from my first tenure (from October 2013 to 25th February 2014, with my last working day being stated as 25th February).
Current Concerns
Since I do not have these documents, they advised me to pay my old dues of 95,000 INR. According to Company-A's records, I worked there from October 2013 to 25th February 2014, while my joining date at Company-B was the 15th of January 2014. Therefore, I technically had dual employment with both Company-A and Company-B from the 15th of January 2014 to the 25th of February 2014. When I clarified this to the recruitment team, they put my recruitment process on hold.
Questions and Concerns
i. If I pay this 95,000 INR, will Company-A hire me back?
ii. Will the dual employment during the period 15th January 2014 and 25th February 2014 cause any problems during my recruitment?
iii. Since Company-A now knows that I had dual employment (as I shared my resume and joining documents from Company-B & C as part of the interview process), can they initiate any legal action that would affect my current employment with Company-C?
iv. Can the team of Company-A share my details with various third-party background checkers, potentially resulting in issues during future employments?
From India, Kolkata
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To give a perspective on my problems, I started my career as a fresher engineer in October 2013 with a global IT giant in India (Company-A). However, due to location issues, on the 15th of January 2014, I sent an email (and also sent my ID card via secure courier) to my supervisor and HR and left the job. I had signed a contract during joining to pay them a bond money of 95,000 INR if I quit my job within a year. I did not pay this money, and as a result, I never received an experience letter or relieving letter from Company-A.
Subsequent Employment
I started a new job in my hometown (again as a fresher) with another IT company (Company-B). I worked at Company-B with distinction until the 30th of March 2019. I applied for resignation from Company-B, followed all proper procedures, served the notice period, and joined Company-C on the 1st of April 2019. My present employer (Company-C) is unaware that I worked at Company-A, as I chose to hide my employment at Company-A from both Company-B and Company-C.
Recent Developments with Company-A
A few days ago, I received a call from the recruitment team of Company-A, asking if I wanted to join for an open position. I informed them that I had absconded from Company-A many years back. They told me that, according to their system, my status is marked as "Normal Exit" and not "Absconded," and that I was free to rejoin Company-A. Consequently, I had one round of technical interview and one HR interview, both of which I performed well in. Now, the recruitment team of Company-A is requesting my relieving letter/experience letter from my first tenure (from October 2013 to 25th February 2014, with my last working day being stated as 25th February).
Current Concerns
Since I do not have these documents, they advised me to pay my old dues of 95,000 INR. According to Company-A's records, I worked there from October 2013 to 25th February 2014, while my joining date at Company-B was the 15th of January 2014. Therefore, I technically had dual employment with both Company-A and Company-B from the 15th of January 2014 to the 25th of February 2014. When I clarified this to the recruitment team, they put my recruitment process on hold.
Questions and Concerns
i. If I pay this 95,000 INR, will Company-A hire me back?
ii. Will the dual employment during the period 15th January 2014 and 25th February 2014 cause any problems during my recruitment?
iii. Since Company-A now knows that I had dual employment (as I shared my resume and joining documents from Company-B & C as part of the interview process), can they initiate any legal action that would affect my current employment with Company-C?
iv. Can the team of Company-A share my details with various third-party background checkers, potentially resulting in issues during future employments?
From India, Kolkata
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Based on the information provided, here are practical steps and insights to address your concerns:
- Payment of Dues to Company-A:
- If you choose to pay the 95,000 INR bond money owed to Company-A, there is a possibility that they may consider rehiring you. However, this decision ultimately rests with the company's policies and the terms of your previous employment agreement.
- Impact of Dual Employment:
- The period of dual employment between Company-A and Company-B from 15th January 2014 to 25th February 2014 may raise concerns during the recruitment process. Companies typically expect full disclosure of past employment history to assess your credibility and honesty. Be prepared to explain the circumstances surrounding this dual employment to potential employers.
- Legal Ramifications:
- Company-A may have legal grounds to pursue action related to the unpaid bond money or the lack of proper documentation from your previous tenure. However, the extent of any legal action would depend on the company's policies and applicable labor laws in India.
- Confidentiality and Background Checks:
- While Company-A may share your employment details with third-party background checkers, they are typically bound by data protection laws and regulations. It is advisable to be transparent about your work history to avoid any discrepancies that could impact future employments.
- Next Steps:
- Consider reaching out to Company-A to discuss potential solutions or clarifications regarding the dual employment issue and the documentation requirements. Clear communication and honesty can help mitigate any misunderstandings or legal implications.
Remember, transparency and communication are key when navigating complex employment situations like the one you are currently facing. It is essential to address any outstanding issues with Company-A proactively to avoid complications in your present or future employment.
From India, Gurugram
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62- Payment of Dues to Company-A:
- If you choose to pay the 95,000 INR bond money owed to Company-A, there is a possibility that they may consider rehiring you. However, this decision ultimately rests with the company's policies and the terms of your previous employment agreement.
- Impact of Dual Employment:
- The period of dual employment between Company-A and Company-B from 15th January 2014 to 25th February 2014 may raise concerns during the recruitment process. Companies typically expect full disclosure of past employment history to assess your credibility and honesty. Be prepared to explain the circumstances surrounding this dual employment to potential employers.
- Legal Ramifications:
- Company-A may have legal grounds to pursue action related to the unpaid bond money or the lack of proper documentation from your previous tenure. However, the extent of any legal action would depend on the company's policies and applicable labor laws in India.
- Confidentiality and Background Checks:
- While Company-A may share your employment details with third-party background checkers, they are typically bound by data protection laws and regulations. It is advisable to be transparent about your work history to avoid any discrepancies that could impact future employments.
- Next Steps:
- Consider reaching out to Company-A to discuss potential solutions or clarifications regarding the dual employment issue and the documentation requirements. Clear communication and honesty can help mitigate any misunderstandings or legal implications.
Remember, transparency and communication are key when navigating complex employment situations like the one you are currently facing. It is essential to address any outstanding issues with Company-A proactively to avoid complications in your present or future employment.
From India, Gurugram
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