Hi All, I have just joined a company in December. Now the situation is that I have to leave the company due to some family problems. I have talked to HR personnel here, but she told me that I will be blacklisted from the company because I am leaving in just 1 month. Can anyone tell me if my case will be considered for blacklisting? It is clearly written in the offer letter that anyone can leave after giving a 1-month notice or pay 1 month's basic salary in lieu of the notice period. I am ready to pay one month of basic salary even though I have not yet received my first salary. Kindly suggest me. Thanks in advance.
From India, Delhi
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Company Policies on Blacklisting and Rehiring

Some companies frame their HR policies in such a manner that if an employee leaves the company, he/she will be blacklisted and will never be able to return. To the best of my knowledge, TCS, TELCO, and TATA MOTORS are among them.

On the other side, there are some companies nowadays that are recruiting ex-employees who have previously left, such as ONGC, GAIL, NTPC, etc.

As you mentioned that you have not received your first salary and are facing family problems, it may be better to talk to HR and request some time off to resolve your family issues, if possible, in a few days or months. When HR informs you about the possibility of being blacklisted, she may also be able to seek management's assistance for your situation.

Otherwise, I do not think a company like TCS would only consider the 1-month notice pay; you can leave TCS at any time by paying the 1-month notice.

Regards,
Jawed Alam

From India, Dhanbad
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Hi Jawed, Thanks for your response. My problem is that I want to continue working with my company, but the current situation does not allow me to do so. I would like to know why the issue of blacklisting arises if a company has specified leaving policies (such as notice period or basic salary). Additionally, since the project has not been allocated to me yet, there is no financial loss or project impact. Please suggest the best course of action to minimize any losses for me.

Thanks.

From India, Delhi
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I think there's some missing link in what you mentioned. Even though companies like TCS have a blacklisting policy—whether explicit or implicit—I don't think any company would go to that extent without very concrete/specific reasons, especially in the circumstances you mentioned. If what you mentioned is true and COMPLETE, it looks like you haven't conveyed your problem very clearly to HR. Frankly, in fact, I suspect the worst-case scenario: your reason for family problems seems to have created a suspicion that you are only giving an alibi. Have you shown any evidence or at least given the details to HR?

In the given situation, you need to discuss thoroughly with HR. Else, things could only get more complicated. One option is what Jawed Alam suggested—ask for time/leave to solve your problems. If need be, be prepared to give some sort of an undertaking.

Regards,
TS

From India, Hyderabad
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Even though the company has not allotted the project to you, they have incurred a training cost on you. However, if the policy states that anyone can leave given a month's notice period and if you have done that, I don't think this should be a problem for you. But some companies don't relieve their employees so easily since they don't find replacements quickly. You can explain to your HR that you will leave when they find a substitute for you. In the meantime, work out a plan where you can manage your family issues for some more time. Be polite with your HR. They are there to solve employee grievances and not harm your career. Convincing your HR depends on your skills. Use the best of them. Explain in such a way that she truly understands your problem. Be as transparent as possible.

All the best!

From India, Mumbai
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Blacklist is an internal policy independent of notice or employment terms. It is perfectly valid since it is used for the internal purpose of deciding whether to employ you in the future. You cannot claim that it harms your career.

In any case, the blacklist is correct. While my firm does not have a blacklist, we also do not rehire anyone who leaves after a short stint. Recruitment costs are high, and opportunity costs are even higher. Do you think the company will bother to spend expensive time on the recruitment team and functional managers on an interview again after you wasted their time in the first round by leaving within a month? Your leaving could skew their manpower planning.

That said, TCS is a very employee-centric company. If you had valid reasons and asked for time off or delayed join time, it would be granted. If these are predictable reasons, on the other hand, you should not have taken the job.

(My cousin was given close to 1 month paid leave to attend her mother in the hospital within a quarter of joining her new job - not in TCS though)

From India, Mumbai
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Leaving a Company with Proper Notice

If you are leaving a company with proper notice, they cannot blacklist you. This may be an attempt to make you stay in the company. If she has recruited you into the company, she will be asked for the reason for such a hire. If she is not your recruiter, then have a solution-oriented talk with her to understand the problem and come to a conclusion. If working from home is possible for you, then discuss it with them.

Regards,
Mukesh

From India, Mumbai
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I am completely convinced with Mukesh More. I also feel that your HR wants you to continue with your responsibilities in TCS. Finally, it is up to you to decide whether to continue with TCS or not if you have some genuine problem. Try to explain your situation to your HR and ask her what she would have done if she were in your place. Definitely, she will suggest a fruitful solution.

In line with this conversation, I would also like to emphasize that in the future, if you don't want to join TCS, then don't worry about blacklisting.

Regards,
MS

From Saudi Arabia, Riyadh
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I think what she means by saying "blacklisting" is that your name in their database is being marked as a "less preferred candidate or not preferred candidate" for their future requirements. Don't worry about the nomenclature she is using. Probably, she may not hire you in her company in the future, but she cannot prevent other employers from recruiting you.

As long as your problem is genuine, you cannot help it.

Regards,
Balaji

From India, Madras
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You have mentioned that you have talked to a person in your HR department, but you have not indicated what level of authority that person has in the organization. Blacklisting could be the brainchild of an irresponsible junior or middle management employee in your HR department. It is always better to meet the head of your HR department to understand the real facts, as they can probably guide you better in this situation. It is always better to leave an organization with goodwill.

Regards,
V M Gaitonde

From India, Madgaon
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Can you explain why you feel they cannot blacklist her? It's an internal procedure; they are free to do what they like. They may, for example, blacklist someone for bad behavior, unacceptable skill level, or failure to deliver some critical tasks to the client. It's an internal document used by HR to decide not to hire her again. There is no law, rule, or anything that says you cannot blacklist an employee or that you have to hire her again.

I believe such a blacklist also exists with large BPO companies, and I understand there are discussions being held to share the blacklist among the large Indian BPOs.


From India, Mumbai
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It is not possible to blacklist you on the basis of the said ground. As far as my knowledge goes, the term "blacklisting" involves issues like misconduct and integrity. I think it is their policy, so the best thing for you would be to talk to HR, explain your problem, and resolve the matter tactfully.

Hope you get out of this problem very soon.

Regards,
Sankha

From India, Mumbai
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It is not possible to blacklist you on the basis of the said ground. As far as my knowledge goes, the term "blacklisting" involves issues like misconduct, integrity, etc. I think it is their policy, so the best thing for you would be to talk to HR and help her understand your problem to resolve the matter tactfully.

Hope you get out of this problem very soon.

Regards,
Sankha
Sr. Executive-HR

From India, Mumbai
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Employer Justification for Blacklisting

Employers are very much justified in blacklisting an employee who chooses to leave the company within a month of joining. It is clearly the employer's choice whom to hire and whom not to hire. Why should an employer rehire somebody who has left them within a month in the past? Moreover, the casual and callous attitude of a new employee has cost a lot of money, time, and effort to the employer; hence, blacklisting is justified.

"If you are leaving a company with proper notice, they cannot blacklist you. This may be to make you stay in the company. If she has recruited you into the company, she will be asked for the reason for such a hire. If she is not your recruiter, then have a solution-oriented talk with her, understand the problem from them, and come to any conclusion. If working from home is possible for you, then put it across to them.

Regards, Mukesh

From India, Pune
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It seems that your HR is possibly attempting to lower her retention ratio. Regardless, her actions are illegal. If she is truly sincere, request the same information in writing via email. By doing so, you can ascertain the truth based on her response. In the unlikely event that she does reply, escalate the matter to her senior for further follow-up.


From India, Jaipur
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What do you mean by blacklist? Who has the authority to blacklist you? Is there any governing body registered under certain standards that can blacklist you? It seems quite amusing. HR often talks without having proper knowledge. If they are so rigid, act according to the offer letter. Ask them in writing for the reason for blacklisting and then proceed accordingly. If you're working with your company, take this matter to court. If TCS HR threatens you with blacklisting, then see where they stand. Don't worry at all; very soon, a law will be enacted to protect employees from HR misconduct.

Regards

From India, Hyderabad
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First, it's not my problem. The original poster was different. I would be supporting blacklisting actually. We also have such non-serious candidates who come up with all kinds of excuses. Please tell me which act or rules say that blacklisting on such grounds is not possible.


From India, Mumbai
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