kamal heer (HR) 28 November 2012

Employee harassement

Hi ,

Please read my story fully.

I work in a top notch india MNC (I will keep the name of the company as XYZ since i do not want to disclose the name)and have been working here for 7 years.Last month i had resigned and i have 2 months of notice period.I have already served 1 month of notice period.My manager came to me and bluntly told me that he will not give me reliving letter and that i have to serve 6 more months of notice period and give training to juniors and only when juniors say that they can handle the project without me will he allow me to resign and leave the company.He is saying he will get me blacklisted in NASSCOM even the HR told me that it is possible.He told me that he will get a FIR filed against me by my company XYZ.

I then contacted NASSCOM and they told me that NASCCOM does not maintain any blacklist of employees.

I asked them that what can my company XYZ mention in my NSR profile.They said thier are two feilds one is the relieving date and other is the comments section where the HR of my company XYZ can say that whther any case was filed against me my the company XYZ or not.

IT is also mentioned in the NSR website.

https://nationalskillsregistry.com/faq-for-companies.htm

The Companies have been provided following facilities in respect of their present employees registered on NSR

Access their profiles without any restriction or charges till the time the employee is continuing with the company
Confirm the present employment details as entered by the employee. This helps by providing instant source verification for the present employment details without requiring third party engagement and hence saves time and cost for everyone. This also builds a self sustaining model in which each company can confirm such details and profile keeps on building-up.
In case of employees getting relieved from the company, confirm their relieving date on the system. This feature is again useful for the employee (acts as a relieving letter) and for the company ( as an off-boarding and dis-association process).
Upload existing background check reports for employees.
Record the details of any court case or FIR filed against an employee with details of documentary evidence.

If you see the point number 5 it says that a company can "Record the details of any court case or FIR filed against an employee with details of documentary evidence."

The problem is that if my company XYZ mentions in my profile that they have filed case against me then no other company will take me.It means that they have effectivley blacklisted me.It is like cutting the hands of a employee so that he is not able to work in future.

Suppose if a person A works for a company B and he has some greiviences with his company B then A Needs to go to court and file a case and then it is the court to decide whether the greivience is correct or not.Similarly if a company B has issues with its employee A that it needs to go to court and win the case .Just by filling FIR does not prove that A has commited and offence.Millions of FIR are filed every year in India but it does not mean that all FIR's lead to conviction.

My company XYZ or NASSCOM cannot decide that i am guilty or not ,it is for the indian courts to decide this.

By having such a database NASSCOM is voilating my right to work which is enshrined in the constitution.

Please help me on this.Thanks.

Reply Follow

3 Replies

Sudhir Kumar, Advocate (Advocate) 29 November 2012

you are right in legal parlance that filing of FIR does snot prove someone guilty. This is true inside court. But see how our society react. They do not believe the person innosence even on acquittal.

Please clarify what sort of FIR you are worried about have you really committed a fraud which your manager knows.

Kumar Doab (FIN) 29 November 2012

This manager is blunt and is issuing clear and staright threat in office permises. Employee should endeavour to record{audio/visual. Mobile comes handy.} for use at appropriate time in approrpiate forum. Employee needs to have evidence/witness.If you are able to do so the entire situation goes in your favor. The threat is to murder the future and future employability of the employee and HR has endorsed it. This is height of terrorism in office.

Majority of such companies have CCTV with voice recordings on shop floor/work station.

Many of the companies have internal greivance redressal system, whcih can be acesses for fair and quick redressal by good offices of appointing authority, MD, Chairman along with Head-HR.However companies usually and easily do not part with CCTV/Voice recordings.A police complaint/court order may help to get the recording however probably you do not want to be entangled in it.This is precisely waht such unscruplous employers count on and delay the inquiry or tilt it against the employee.And employee may not be at his native location and might be staying alone.

However don't rush and remain amiable.Decide on most suitable option that suits you.

Employee has to be strong willed in such cases and think beyond the thoughts of fear.

IT employees had started a community for many of their issues and you may find like minded employees facing similar situation in your company and may be your witness.

IT/BPO Voice of India | Facebook

UNITES Professionals

Trade unions can come to rescue in such situation.Community leaders can help even at distant location.

The company is now not worthy of being employed with.

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