11 October 2018 at 23:23

Background verification Limit

Dear Exparts,
I have been working with a Finacial sector(Housing Loan Div) since Jan 2018 to till the time. At the time of Joining i have submit all the documents of my work experience after successfully verified they had offered me and i have joined. After Joining i have received appointment letter and successfully compleate the probotion period of 6months. Post verified my performance Higher management has confirmed my employement, now am the confirmed employee of that organization. Since day 1st to till the time am the only person who has acheiving 120% in all parameters compare with given KPIs shared by Higher management.
Now dated (09/10/2018) HR team has asked me to share the contact details of prev organization for Background verification.
Kindly share the below points :-
1) Is there any limitation of background verification??
2)Is there any process to do the verification after confirmation??
3) If prev employer not given the details then it would be impact on my job??
4) what would be the corrective measure safe guard the current job.
Need your valuable inputs


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06 October 2018 at 19:18

bond is applicable or not?

Previously I was undergoing pre-appointment training of BSNL JAO phase-1.The training period was 10 weeks. At the end 4 weeks I got selected in another PSU in that interview was done before training.So this I had to resign BSNL, going to join other organisation and submitted pre-appointment documents there . In BSNL I am not completed my training and have not received any appointment letter and stipend during training period.I was staying my own expenses. So I want to know that whether bond is applicable ? Is reliving letter required to join another organisation?
BSNL BOND AGREEMENT:-
THAT the trainee has agreed with the company that after completion of the training, he/she shall serve BSNL in such department or departments at such place or places in India in such capacity in connection with BSNL`s business as BSNL may require from time to time, for at least 5 years after completion of aforesaid training, on terms and conditions contained hereinafter and in accordance with the Rules and Regulations of BSNL as applicable from time to time to such trainees.
THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs.2,00,000/-(Rupees Two Lac only) for indemnifying the Company against all loses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
THAT the Trainee and Surety have agreed that in the circumstances if the trainee commits breach of any conditions of this Agreement or, in case the training of the said trainee is discontinued under the provisions to clause(1) above and the CGMT is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of the CGMT in this behalf being final), or in case of continued adverse reports regarding his/her conduct or his/her political activities directed against the Government of his/her Country /BSNL, or if the trainee voluntarily quits for reasons not beyond his/her control any time during the course of training, or on completion thereof does not serve the BSNL for a period up to five years or during such period of service does not carry out his/her duties with diligence. BSNL shall have full powers to forfeit the amount of security deposit without any notice to the trainee and surety. Trainee & Surety have further agreed that they are jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rupees Two Lac only) as Bond amount along with the interest @18% p.a., which BSNL may suffer by reason of the Breach of the conditions of the Agreement and upon the trainee and/or the surety making such payment, the above written bond shall be void and of no effect, otherwise it will remain in full force and virtue.


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06 October 2018 at 11:13

Bsnl bond agreement

I was undergoing pre-appointment training BSNL Jao phase-1.The training period was 10 weeks. At the end 4 weeks I am selected in MSTC in that interview was done before training.I need to submit my documents in very less time So this I had to resign BSNL and submitted pre-appointment documents in MSTC. So I want to know that whether bond is applicable ? Is reliving letter required to join another organisation? In BSNL I am not completed my training and have not received any appointment letter and stipend during training period.I was staying my own expenses.

BSNL BOND AGREEMENT:-
THAT the trainee has agreed with the company that after completion of the training, he/she shall serve BSNL in such department or departments at such place or places in India in such capacity in connection with BSNL`s business as BSNL may require from time to time, for at least 5 years after completion of aforesaid training, on terms and conditions contained hereinafter and in accordance with the Rules and Regulations of BSNL as applicable from time to time to such trainees.
THAT the BSNL has called upon the trainee to furnish a Bond to the extent of Rs.2,00,000/-(Rupees Two Lac only) for indemnifying the Company against all loses or damages which the BSNL may suffer by reason of the breach of the terms of this agreement by the trainee.
THAT the Trainee and Surety have agreed that in the circumstances if the trainee commits breach of any conditions of this Agreement or, in case the training of the said trainee is discontinued under the provisions to clause(1) above and the CGMT is satisfied that the failure of the trainee to reach the necessary standard is due to his/her work (the decision of the CGMT in this behalf being final), or in case of continued adverse reports regarding his/her conduct or his/her political activities directed against the Government of his/her Country /BSNL, or if the trainee voluntarily quits for reasons not beyond his/her control any time during the course of training, or on completion thereof does not serve the BSNL for a period up to five years or during such period of service does not carry out his/her duties with diligence. BSNL shall have full powers to forfeit the amount of security deposit without any notice to the trainee and surety. Trainee & Surety have further agreed that they are jointly or severally shall pay forthwith to the BSNL on demand an amount of Rs. 2,00,000/- (Rupees Two Lac only) as Bond amount along with the interest @18% p.a., which BSNL may suffer by reason of the Breach of the conditions of the Agreement and upon the trainee and/or the surety making such payment, the above written bond shall be void and of no effect, otherwise it will remain in full force and virtue.


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04 October 2018 at 16:14

Revoke offer letter

Dear Sir/Madam,
Iam Usman P, on 14th August 2018, one company HR team selected me for Desk side technician position and released the offer letter but not mentioned the exact DOJ. Asked to resign from my job and to clear exit formalities. Now they are telling there will be delay in getting project,they are going to revoke my job offer. Now Iam jobless. Tell me how to take of my family and spoiled my career and future of mine and my family. I need a proper explanation on this. If I won't get proper response,then I'll take extreme action on this matter.

where i have to register a complaint and tell me the procedure.


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04 October 2018 at 09:00

Seniority of absorbees

Please interpret the following rules on seniority of absorbees considering that their is no direct recruitment or promotion happened (only absorption took place in a particular rank).

Seniority of Absorbees (DoPT Seniority Instructions and guidelines, 2010)

“3.1 The relative seniority of persons appointed by absorption to a Central service from the Subordinate Offices of the Central Government or other departments of the Central or a State Government shall be determined in accordance with the order of their selection for such absorption.”

“3.2. Where such absorptions are effected against specific quotas prescribed in the Recruitment Rules, the relative seniority of such absorbees vis-à-vis direct recruits or promotees, subject of the provision of para 3.4 below, shall be determined by rotation of vacancies amongst the available direct recruits, promotees and absorbees which shall be based on the quotas reserved for direct recruitment, promotion and absorption respectively in the Recruitment Rules. Where the vacancies in any quota or quotas are carried forward, the principles stated in Para 2.4.1 will apply, mutatis mutandis in determining inter-se seniority of the appointees”.

“3.3 The principle laid down in para 3.1 above will not present any difficulty where recruitment by absorption is made singly and at intervals but it will be found wanting in cases where two or more persons are selected from different sources on the same occasion and the selection is spread over a number of days. It will, therefore, be necessary for the authorities responsible for approving appointments by absorption to indicate the interse order of merit of the selected persons in such cases.”

3.4 - Seniority of persons absorbed after being on deputation
O.M. No. 20020/7/80-Estt.(D) Dated 29.5.1986 O.M. No. 20011/1/2000-Estt.(D) Dated 27th March, 2001]
3.4.1 In the case of a person who is initially taken on deputation and absorbed later (i.e. where the relevant recruitment rules provide for “Deputation/Absorption), his seniority in the grade in which he/she is absorbed will normally be counted from the date of absorption. If he/she has, however, been holding already (on the date of absorption) the same or equivalent grade on regular basis in his/her parent department, such regular service in the grade shall also be taken into account in fixing his seniority, subject to the condition that he/she will be given seniority from –
- the date he/she has been holding the post on deputation,
(or)
- the date from which he/she has been appointed on a regular basis to the same or equivalent grade in his parent department.,

Whichever is earlier.

==============================

My questions are:
1). whether length of service will be considered for person B even if person B absorbed after one year of the first absobed person A.

2). whether section 3.2 is applicable for seniority among Absorbees only (absorbed on different occasions)

3). Who is senior? Person-A holds rank-X in parent department and got absorbed in rank-Y (one rank up) in borrowing department in the year 2017. Person-B holds rank-Y (since 2000) in parent department and got absorbed in rank-Y (same rank) in borrowing department in the year 2018.


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Dear Sir/Madam,
I have worked in an organization for 35 days I have been tortured and I have worked more than 12 hrs day so I don't want that job.
I have signed offer letter which consists only notice period of 30 days.. nothing about payment terms if not served notice period.
I want to left the organization those people are asking gross salary is this correct or some where I have got info that only we have to pay Basic salary..
Please let me know whether I need to pay Basic or gross..
Thanks in advance.


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Anonymous
19 September 2018 at 11:48

Termination post maternity leave

Working in Service sector (logistics MNC) at Reginoal Manager level with employees reporting to me.

Facts of the case :
I was granted maternity leave from Sep'17 to Mar'18
On resuming office I was not re-instated to the same post/job profile. New employee was already appointed in that role.
Despite multiple follow-ups for two months till May'18, I was not provided any job role and designation.
I was not given any appraisal for the year 2017-18. No reasons were provided for this.
On May 16, 2018, it was communicated to me that there is no work and hence I should resign.
It was mutually agreed between me and the organisation that I would be paid salary until I get a new job OR for maximum 6 months (I have e-mail and audio recording for the same).
However during Sep'18, HR representative called and informed me that now the company would pay only 4 months salary.

Need assistance as to whether any legal action could be taken for the above case.


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I just want to know that what are the provision of non compounded ph.d increment to those who has completed their ph.d in 2009 and joined the university or college after the UGC regulation 2010 came into existance?


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Anonymous
17 September 2018 at 23:22

Intentionally non performing employees

Dear Sir,
Nice to read about the Knowledge you have shared.
Why not any one of you is finding out and writing up an article on:
"Intentionally Non-Performing Employees Case"
Now, Don't tell that you have never heard of such employees.
The question is when these kind of employees threat to be going to the labour commission or consumer court, what are the rights of a company?
If the Company is not paying such employees, then why does that becomes an offense. Such Employees keep switching the companies in 1-6 months duration. They keep enjoying the the tag of being employed until they are caught not-working.
When caught, they say they were not sure whether the company will operate or not and whether their clients will get the services properly or not. So, they did not get the clients.

What do you legally suggest in such cases, a company must do?
Especially, such cases arises with the sales people.
These days, employees try to be more bigger and smarter than the company, where as it is very simple "Employees bring revenue for the company and from that revenue the salaries and other benefits, perks and expenses are taken care of"
Or is it written some where that employees can decide to be non-performing and piss down the company for the payments.
I hope you know, that it takes some time to understand whether the zero or lowered down performance is intentional non-performance or it is just not happening. In such cases, company seeks time either by delaying the salaries of such doubtful employees or some other practices.
But later on the same non-performing employees, start creating the ruckus by spreading negativity amongst other employees, clients and also start threatening the company with the help of "lawyers"

What remedies and solutions do you suggest in legal terms against such employees.
Because it is very simple, if a growing company gets 10 sales employees every month who are intentionally not performing. So, keep paying their salaries leads to losses to the company as well the company fails to reward the actually performing employees.

Waiting for your Reply


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14 September 2018 at 07:59

Releiving documents mismatch

Hi, There is a mismatch in my Exit documents from my previous employer. As per the FNF the last working day 29th December 2014 and in the relieving letter the date is mentioned as 11th January 2018, which is different.The last working day mentioned in the FNF, which was shared with me by the Business HR and I signed off, is different from the Relieving letter. I have requested them to amend, but my previous employer is not doing the same. The companies are raisng question because of the mismatch. Hence kindly suggest ho


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