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ItLabour8-8 (aaa)     03 October 2014

Nasscom list for no show candidates ?? - clarity/prevention?

I have an important question / concern. Kindly throw some light on this:


I read a old news article from 2006 on some sites which says that Nasscom is going to create a list of employees who accept offer but don't show up. On a positive side, the purpose of this was to protect the interest of the employers in the increasing instances of candidates accepting multiple job offers and choosing one and not even informing the other companies and simply not showing up on the joining date.


https://www.rediff.com/getahead/2006/aug/23job.htm

https://vinaytalwar.blogspot.in/2006/08/nasscom-creating-list-of-no-show.html


This list was supposed to be accessible to Nasscom member companies.

Quote from the news: "This list can be accessed by all major companies to check for any such behaviour by candidates in the past. Such candidates may also be blacklisted, making it difficult for them to work for reputed companies in the future."


I will be very frank about the specific concern I have here.

I have worked in a reputed IT Giant for approx 5 years before I decided to make a switch. I got two offers again from another very reputed company (A) and other one from a reputed but relatively smaller company (B).

Both gave me same joining date and I got the better offer from A after getting the first offer from B. It was based on this offer only that I had resigned from my previous company and while I was serving the notice period, I received the second offer from A. Both were very good offers and after lot of thinking and considering everything, I decided to join A.

I could only inform B couple of days before the joining date over phone that I won't be able to join now but did not find it morally right to say that I am joining another company. So, I said due to some personal reasons and issues I won't be able to join now. They said OK and will contact me for some future joining date.


I joined A and still working there.

B tried to call me (no mails) a few times over next 1 month but to be honest I did not have a good answer for them and I did not answer their calls.


I generally keep getting calls from potential employers frequently. But, over the last couple of month's I just noticed no reputed Employer calling me.


Now, My concern is (though it just can be coincidence and things my mind is cooking up to freak me):

- Is there really such a list?

- Could the Employer B whom I did not join, have added me to such a list?

- Is there anyway I can rule this fear / concern out.

- I am very much focused on my career and it is not that I am immediately looking for a job change now, but just want to make sure there is not going to be any such issue in the future due to this. Should I be concerned about this entire episode in any manner?

- I accept there is a small wrong doing on my part that I did not very properly inform B that I won't join them and am joining another company, but it was just out of a sense of guilt.

- Even if there is any such list, can I in anyway get to know if my name is there or not.


Kindly suggest. Thanks.


Edit: Now having done a little bit of research on related things on the internet, I see opinions suggesting:

- Nasscom doesn't facilitate any official blacklist

- But, employers put negative comment in some cases like absconding etc.

- Some suggest, there is an internal list shared by major / tier 1 companies

But, all these most likely are applicable for employees who joined the company and later did not comply to the policies in some manner.

My case is a bit different - Not joining!



Learning

 4 Replies

Kumar Doab (FIN)     03 October 2014

 

 

>>>> The practice as perceived by you should not be anything other than ::::::: Fantasy::::::: Fiction::::Illusion::::::etc ::::::etc:::::

 

In NSR can a employee be black listed?

https://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/

 

You may carefully go thru the attachment.

 

>>> The coterie of employers thrive on::::: Poor level of information and awareness of Employees:::::Ill informed employee is like a sitting duck and can be exploited.

 

The employer’s organization like NSR of NASSCHOM has stated in writing that it does not indulge in BLACKLISTING OF EMPLOYEES.

BLACKLISTING OF EMPLOYEES; NO EMPLOYER HAS ANY RIGHT TO DO SO:::::

BLACKLISTING OF EMPLOYERS: YES EMPLOYEES HAVE THE RIGHT TO ENLIST OFFENDERS AMONGST THEMSELVES AND IN MANY TARDES EMPLOYEES UNIONS EVEN HAVE BEEN KNOWN TO DISPLAY THE NAMES AND PHOTOGRAPHS OF OFFENDERS IN THEIR OFFICES AND EVEN CIRCULATE THEIR NAMES TO THEIR MEMBERS………………….SUCH OFFENDERS BECOME FAMOUS AND EMPLOYEES ARE KNOWN TO DECLINE TO WORK WIT THEM AND OWNERS OF THE ESTABLSIHMENTS……………………

 

>>> The question arises ‘Why Employee’ suffer ??????????????????????????????

The answer is simple: because employee’s do not unite…………………….do not become members of employee’s unions/Trade Unions!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!

Are you aware that ‘Works Committee’ whose President is from Employee’s side and has equal number of members from employees  is an authority…………………………..as in ID ACT!!!!!!!!!!!!!!!!!!!!!

Service Conditions can be negotiated by employee/employees/employees representatives/employee’s unions/trade unions……………………………

 

>>> The employers and their attorney’s In Line Management/HR/personnel that are involved in the process of recruitment also indulge in practices like;

---Calling multiple candidates for few vacancies, without paying expenses for attending interviews, making offers of appointment/employment, and then withdrawing the offer due to many reasons without offering any compensation.

There are many threads on such matters at LCI itself.

---Inserting conditions/service conditions/T&C in appointment letter-contract of employment/so called HR policies etc that are in violation of statues/instrument of law/enactments applicable to the establishments-employers…………………..and coercing the employees to adhere to it………………..

---issuing threats and in fact executing such threats………………….and declaring the employees as abstaining/absenting/absconding……………….

---withholding ‘Service Certificate’, relieving letter, FnF settlement etc

---issuing negative feedback (untruthful in many cases)

 

etc etc……………

These are illegal practices.

Like any employer any employee has the legal right to hunt for job offers and choose the most suitable till the last moment……………..

Like any employer any employee has the legal right to be informed well in advance in case the employer want to withdraw the offer after candidate has resigned from current employment……………………

It can’t be one way traffic………….

 

>>>  There were publications regarding the employers building their unions/forums and even NASSCHOM forming NSR…………………and creating conditions like:

The notice period shall be increased to 3 months and service of notice period shall be made mandatory (although it violates enactments and may not survive test of law).

 At the same time employer shall retain the right to terminate the employment without notice period……………………………… and even before expiry of notice period……………………although the Supreme Court of India has decided this shall be illegal……………….

Employers and their attorney’s are aware that ‘Employment Contracts’ are not just any other contract and should promote ‘Equitable Discretion’.

 

The incoming candidate shall have to sign a clause in offer letter/appointment letter to register with NSR (although NSR is neither any statutory body nor enacted by legislation hence such condition is illegal/unlawful/void). Therefore employers and its consultants bank on acceptance signed by employee.

Any candidate that violates the private agreements created by employer shall be blacklisted (although NSR has given it in writing to employee’s unions that it does not indulge in such practices).

 

>>> Conclusion: Be member of employee’s unions. Thwart such attempts by employers and make offenders famous. Retain access to able Labor Law Consultants/Service Lawyers.

Various IT employees unions:

https://www.itecentre.co.in/

https://ithiworld.wikispaces.com/News+Update

IT/BPO Voice of India | Facebook

UNITES Professionals

www.unitespro.org

www.itpfindia.org/

https://itnitesunion.wordpress.com/author/itnitesunion/

 

 

Shiv Mahiti Ani Tantradyan Sena(Shiv IT SENA)

mankar.janardan@gmail.com


https://www.shivsena.org

 

 

 

https://www.amrc.org.hk/node/1088         CBPOP

https://www.freepatentsonline.com/article/Indian-Journal-Industrial-Relations/185430721.html

https://bpo.knowledgehills.com/Directory/BPO-Jobs/CBPOP-Centre-for-BPO-Professionals.aspx

 

 

https://www.dnaindia.com/mumbai/report-shiv-sena-forms-first-union-in-information-technology-sector-1465435

 

Various Trade Unions; CITU, INTUC,AITUC,BMS………….

 

  


Attached File : 763944441 can nasschom blacklist an employee.doc downloaded: 91 times

ItLabour8-8 (aaa)     03 October 2014

Hi. Thanks for the reply. I have been through this information on net already. These are mostly related to current employer threatening to blacklist employees etc etc.

My concern / query is a bit different which is based on a legit news about a shared list of now show candidates. Can you specifically throw some light on this plz.

On a practical note - could the major it recruiters be internally maintaining such a list of no show candidates which isn't necessarily a blacklist but kind of warning to future employers about the history of those employees?


I have heard cases where HR in my company has said to people that - If they don't serve full notice period they will be blacklisted and won't be able to work in any tier 1 company.

Fully understand Nasscom doesn't officially support any such thing but there is something else how come they say these things so confidently.

but, anyways, my concern is about a different list - No Show List !!

Any way, I get rid of this tension?

Kumar Doab (FIN)     03 October 2014

I have been sharing the info for many years.

If it is to be reproduced in few lines::::::NO employer or union of employers can initiate/continue the practice of blacklisting the candidates for any reason including 'NO Show'...........................

NO employer or union of employers can become court/megistrate/police.............................

The employee's unions are best plateforms to  handle such issues...............

If you have come across any such list share it here and let it be circulated to stop this nuisance.

T. Kalaiselvan, Advocate (Advocate)     07 October 2014

Hope Mr.Kumar Doab's further reply solves your query?, if not better discuss the issue with your relevant circle.


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