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Blacklisting in nasscom using nsr it pin

(Querist) 25 December 2014 This query is : Resolved 
Sir

I work in IT industry. Recently I joined a company as they promised onshore oppurtunities. But I understood the real story after I joined only, they literally cheated me. the notice period I need to serve as per the policy is 2 months. Now I got one other offer and they are asking me to join immediately.

I cant serve the full notice period as the other company is not willing to wait. And the current company is threatening that they will blacklist me in NASSCOM using my NSR IT PIN, if I abscond or dont serve the notice period.

Kindly hep me in this regard, is it possible for a company to blacklist a candidate and spoil his future ?

thanks
Devajyoti Barman (Expert) 25 December 2014
Mere braking of notice period does not entile him blacklisting. May be they are thrying to exert pressure. however to avpoid any untoward incident you may ask your new employer to wait for few weeks.
prabhakar singh (Expert) 25 December 2014
First let me put things straight.
Indian companies threaten employees under the name of "blacklisting" them, so that they cannot get a job in the future.

However, you should leave a company,on a short notice, or offering compensation of 2 months salary.

So far blacklisting is concerned even absconding, insubordination,or whatever, the employer CANNOT blacklist you from future employment.

If the employee finds out that a particular employer is preventing an employee from future employment, he can sue the employer for an ungodly sum of money in court and WIN!! The employer will have to go to the streets.
Rajendra K Goyal (Expert) 25 December 2014
If there is provision, offer the resignation with an offer to pay back 2 months pay.
ajay sethi (Expert) 25 December 2014
company cannot black list you . at most it can take legal proceedings against you to recover 2 months salary as per notice period . it is better to serve notice period as per appointment letter and then resign
TKN (Querist) 26 December 2014
thanks for your clarification Sir.
Devajyoti Barman (Expert) 26 December 2014
welcome...........
T. Kalaiselvan, Advocate (Expert) 27 December 2014
expert Mr. Prabhakar Singh has very clearly explained you the actual position of law, so better not to worry about the threats by the company instead follow the suggestive steps advised.
Kumar Doab (Expert) 27 December 2014
As advised by learned Expert Shri Prabhakar Singh there is no provision and power granted by the law of the land to any employer to blacklist any employee…………………..

However the employers and their attorneys in HR/Legal cells have been adopting tactics to please their masters……………..

You should defend your interest…..

It is also true that employee can sue the employer it says/ posts/publishes untruthful statements for defamation, discriminatory retaliation………….

Proceeding now under expert guidance of your able Labor Law Consultant/Service matters lawyer and seeking support from employee’s unions can help you to defend your interest and build favorable written record and evidence for use at appropriate time in appropriate forum…………….

Remember verbal transactions are difficult to prove and onus to prove may fall upon you….

BE SMART.


1. THE FACT IS THAT WITH THE NSR IT PIN THE EMPLOYER CAN INTERVENE AND POST SOME COMMENTS…………..WHICH CAN BE SUFFICIENTLY INDICATIVE AND REPELLING FOR FUTURE EMPLOYERS.
THE NSR IS FORMED BY UNION OF EMPLOYERS AND THEY KNOW WHAT MEANS WHAT………….AND IT MAY BE AS GOOD AS BLACKLISTING…..


Out of sheer ignorance and ill information you did not consult elders in the family/employee’s unions in your trade/Trade unions and more importantly your Labor Law consultant/service matter lawyer and signed on the offer/appointment letter with a clause that you will register at NSR……………….
If you agree to register in future too don’t share the pin or do not opt for option where you allow employer to post comments………………


Since you have signed the acceptance you have in a sense taken the onus on you and acquitted the employer from any force………………….however a lawyer well versed with such matters can still help you…..


You may carefully go thru the following in thread at::

http://www.lawyersclubindia.com/forum/Company-framing-me-and-threatning-to-take-legal-action-73058.asp#.VJ6X3cIRA



“It is also for “Search details of Registered Professionals and Employees” { PDF file attached in the thread given below and can be downloaded from the link given below}.
Are you a registered professional/employee?

https://nationalskillsregistry.com/doc/nsrtour-subscribercompanies.pdf

“What are the details that are captured in NSR profile? How are such details used?”
“This fact sheet about each person contains personal, qualification and career information as entered by the person and his/her photograph. Registered professional or a participating company authorised by the professional can order for a verification of this information.”

Thus the professional has to authorize the company to upload his profile. Have you authorized your company?



2. You are unnecessarily becoming a ping pong ball between 2 employers in the same trade and probably in the same city and same state……………..

First thing First::::::::Have you recorded (audio/visual/by witness/by minutes) the threats of line managers/HR-Legal personnel to blacklist you?? If not what evidence you have got? Record and build evidence for use at appropriate time in appropriate forum.

The next employer for its own selfish reasons wants you (incoming employee) to be on board within 30 days although it might be asking outgoing employees to remain on board for 90 days…………..

You should mind your own interest.

Ask the next employer to accept you (in writing under proper acknowledgment) on the strength of copy of notice of resignation/resignation and proof of its dispatch only ………………….and that your current employer is unwilling to provide acknowledgment and acceptance of resignation, service certificate, relieving letter, salary slips,PF number and a/c slips,FnF statement,Form 16 etc and has indicated that it shall post adverse comments in BGV/reference check/NSR registry …………………..if you do not serve 60 days notice period and do not forget to add that during interview you have informed on dated……………..to Mr/Ms………………that your current notice period is 60 days ………………


You should also demand that next employer should agree to buy your notice period and pay it on the 1st day of your joining without any conditions attached to it.

You should also ask the current employer in writing to adjust CORRECT NOTICE PAY for CORRECT NOTICE PERIOD APPLICABLE TO YOU (which should not be more than 30 days @ as defined in Shops and Commercial Establishments Act of your state) and supply the original FnF statement showing the adjustment for verification and acceptance……..and issue Form16 as per correct FnF statement………………..and write that NO TASKS ARE PENDING AT YOUR END…


If your next employer buys notice period and current employer does not reduce FnF wages by notice pay penalty you shall be subjected to double taxation…..



3. You may find these relevant and useful.

GO thru many topics at:
http://www.lawyersclubindia.com/search_results_custom.asp?dir=forum&q=national+Skills+registry&B1=GO#.VJ6WlcIRA

---“This will result in my Verification at the new company in RED and may loose that opportunity also.”


The rowdiness of boss is not a new thing.
The statements of these line managers, HR on their own or as per orders of their masters mean only one thing::::::::::If you do not obey my orders I will harm you. What they are stating means they will murder the chances of employability of the employee……………
The private thinking and opinion of line managers, HR, employer does not and can never become law of the land. These guys have to align their thoughts in line with law of the land.
The courts of law had to write striking comments in its judgments e.g; in case of:

“ Supreme Court of India”
Sant Raj & Anr vs O.P. Singla & Anr………………….
http://www.indiankanoon.org/doc/476799/
“‘2. Whenever it is said that something has to be done within the discretion of the authority then that something has to be done according to the rules of reason and Justice and not according to private opinion , according to law and not humor. It must not be arbitrary vague and fanciful. [626D]”
----http://www.lawyersclubindia.com/forum/3-months-notice-need-advise-86737.asp#.VJ6WzcIRA






http://www.lawyersclubindia.com/forum/Manager-not-accepting-resignation-107490.asp#.VJwcufcQ


http://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

http://www.lawyersclubindia.com/forum/Blacklist-by-nasscom-66328.asp#.VJwcOfcQ

http://www.lawyersclubindia.com/forum/Blacklisting-in-it-industry-108276.asp#.VJwccfcQ

http://www.lawyersclubindia.com/forum/Left-company-in-20-days-still-they-are-sending-legal-notice-94749.asp#.VJwc-fcQ

http://www.lawyersclubindia.com/forum/Employee-harassement-70686.asp#.VJwdIfcQ

-----http://www.nasscom.in/background-and-purpose

NSR process- Approvals and Access Management
• The profile of the knowledge professional is controlled by the candidate himself in all aspect.
• Every profile gets created post de-duplication through biometrics.
• Profile of the candidate once created can never be deleted thus ensuring one profile for every knowledge professional.
• Every access to the non employee profile is controlled and given by the individual.
• The profile of the candidate can be accessed by the organisation through digital signature certificates issued by NDML.
• Maker and checker mechanism inbuilt in the system for the background checking companies while updating the background data for the profile.
• Any downloading of data by the organisation required an authorization by the admin user in the company.

http://www.nasscom.in/initiatives/2202
National Skills Registry for IT/ITES Professional (NSR-ITP)

4. Even HR personnel have not been spared and have been discussing this glaring and burning issue:::::


http://www.citehr.com/230418-possible-blacklist-candidate-through-nasscom-out-registering.html


http://www.crazyengineers.com/threads/national-skills-registry-nsr-registration-payment-renewal-blacklist-truth.76022/

http://www.citehr.com/465167-about-black-listing-candidate-nsr-any-website-pg2.html

http://www.citehr.com/465167-about-black-listing-candidate-nsr-any-website.html

http://www.citehr.com/48102-employee-blacklisting-class-action.html

http://www.citehr.com/267386-updating-nascom-profile-after-breaking-bond-pls.html






5. It was published that employers in your sector have united and have formed unions and have decided that notice period shall be extended to 3 months (90 days)….

Although the employers united and formed unions but adopted various tactics so the employees are not united……

However due to exploitation, suppression employees in your trade too united and formed many of the IT/ITeS/BPO employees unions.
Trade Unions like CITU/AITUC/INTUC/BMS are willing to embrace the employees unions from your sector.

So much so that Shiv Sena in Maharashtra initiated a new wing/union for IT/ITeS/ employees………………………The fact is that employees is a big community and a huge vote bank. The united employees can work wonders for themselves.

The present situation is due to lack- lusture attitude of employees themselves towards their won interest and this is expertly being exploited by the employers and their attornies in HR/Legal Cell……………………….


The issue is NOTHING ELASE THAN THIS.
Once you unite this nuisance will end.

The employer’s body succeeded in getting the exemption from the provisions of Industrial Employment Standing Orders Act in states like Karnataka and pulled it for many years……………….
Later the employees united and succeeded in getting the exemption withdrawn …………..by the govt. Now the state of Karnataka has made in mandatory by notification that each company shall form GRC (Grievance Redressal Committee) that shall have equal number of employees……..

The state of Kerala has brought all commercial establishments under the purview of standing orders………….




You may find the following thread relevant and useful and you can download the attachments :::

http://www.lawyersclubindia.com/experts/Standing-orders-442266.asp

http://www.lawyersclubindia.com/forum/Standing-order-mandatory-for-kerala-comm-establishments-85438.asp#.UkxL_NKAqWM

However the IT/ITeS companies were always covered by the (Name of the state) Shops and Commercial Establishments Act and this Act was enacted to govern the service conditions of employees working in companies/establishments covered by this Act…………and as per this Act notice period is as length of service and is not more than 30 days………….The notice period more than 30 days is beneficial for the employer but detrimental for the interest of employee….

Shops and Commercial Establishments Act lays down that if standing orders are not applicable this Act shall govern the service conditions e.g. Delhi Shops and Commercial Establishments Act.....................otherwise also this Act was enacted to govern the service conditions of the employees working in establishments covered by this Act......


6. It is surprising even today many employees believe it is forbidden to form unions in your sector!

It is grossly worn and erroneous that formation of unions/affilliation of unions is forbidden in any industry.
The employer may be surrounded by lawyers but a lawyer is neither a lawful authority nor a magistrate nor a lawmaker and is duty bound to guide his employer on legalities and lawfulness and to abide by the law of the land...............
Trade Unions now precise ways to handle such employers, HR and legal cell personnel..................
You may go thru:
http://www.lawyersclubindia.com/forum/Dual-employment-please-advice-114460.asp

7. You may find other threads relevant and useful e.g.
TKN (Querist) 28 December 2014
Kumar Sir, that was a wonderful explanation with many supportive links. I now decided not to switch as because I already shared my NSR PIN on day one at office. Without any writing from the employer that they will blacklist, I cant proceed legally also. Thanks for your advice sir. I have a clear mind now.
Kumar Doab (Expert) 28 December 2014

1.While it is good that you have made up your mind......You have not gathered the full message.



2. You have posted that:

"But I understood the real story after I joined only, they literally cheated me. ...................And the current company is threatening that they will blacklist me in NASSCOM using my NSR IT PIN, if I abscond or dont serve the notice period.
"


You (employee) should have:

---- placed the breach by employer on record in writing under proper acknowledgment with a copy to him/her...................the moment the employer himself did not fulfill any promise/allurement.......

----Recorded the threat (audio/visual/witnessed)to blacklist..........or declare you absconding if you resign.........or do not serve the notice period as per private policy of the employer.................

Once you have recorded properly it is evidence......

Employee should never loose such meritorious opportunity................to record such merits................although it is upto employee to use it or not.....

3. Employee should become member of various forums,unions,trade unions,GRC,Works Committee.....................and united employees can defend their rights and safeguard from blackmailing,exploitation by unscrupulous employers...............and their attorney's in line management/HR/Legal cells.


4. The experts have perfectly advised you that NO employee can be blacklisted and employee can sue the employer for GODLY SUMS AND THROW THE EMPLOYER ON STREETS............

IN KARNATAKA ONE EMPLOYEE (TECHIE) HAS BEEN AWARDED A COMPENSATION OF RS.12.5 LACS BY DEPT. OF LABOR ON JUST A COMPLAINT BY EMPLOYEE I.E. WITHOUT ANY LITIGATION.................IN RECORD 3 MONTHS TIME ONLY…………

http://save-tamils.org/index.php/opinion/635-a-techie-s-voice-2

http://www.theyoungbangalorepost.com/mnc-gets-slapped-illegally-terminating-employee-labour-department-orders-compensate-inr-12-5lakh/

5. IT/ITeS employees have already united and formed unions.
I have already provided link to one written publication By NSR of NASSCOM stating that it does not indulge into blacklisting of employees, posted by one such union….

http://itnitesunion.wordpress.com/2010/06/23/in-nsr-can-a-employee-be-black-listed-i-am-asking-this-as-some-employers-have-said-this-to-employees/

6. While you have decided to serve the full notice period the Line managers/HR /Legal cell personnel would be celebrating and writing their success stories for their next appraisal and hike in remuneration and elevation to next grade……………

7. Rise to unite and defend your rights…….
The employers have already united and formed various forums to put a leash on employees……..Their styles and tactics in India is a cheap and poor imitation of their Global Masters and globally they have been sued to Godly Sums and they have paid in order to not to be put behind bars………….

An ill informed employee is like a sitting duck vulnerable to exploitation….

A properly informed employee shall be smart and would know how to defend his rights..
United employees can negotiate service conditions much better and defend their fellow colleagues too….
In India the employees need to up their level of awareness……
The Labor Laws are same world over.
The difference is that in India the level of awareness is poor…………..and this exploited by smart ones.

BE SMART.

8. There would always be a good Labor Law consultant/Service matters lawyer/Law firm to defend your rights…
Retain access to a good lawyer especially till you are in this trade…………


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