Shakeel (Engineer) 09 October 2013

Ex employer not responding to background verification

Hi,

I have worked in a Start up company from May 2009 till March 2010. I resigned and was relived from services after serving notice. (It is a bangalore based company into Business support to an Indian Telecom)

Later I joined my present Company. Now, when I am planning to shift to another Company and already serving notice in my present company. But as per the present employment rules, I have to clear all my previous back ground checks.

But one of the company is not responding to the calls/Emails of the background verification. Its been more than a month now, they are delaying. When I try to contact the concerned, I am not allowed to speak to them. And when I call there personal number , they disconnect the call saying they are busy.

I am afraid , this will impact my joining to my next company and in my future as well.

Are the employer bound to respond to any future back ground verification.

Is there a way out to deal with my ex employer legally ?

Or any other suggestions.

Thanks

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2 Replies

Kumar Doab (FIN) 09 October 2013

The previous employer is not bound to submit comments on BGV requirement of current or future employer.

It is private requirement/work of an employer; current or future.

If an employer has issued acceptance of resignation, service certificate its obligation is over.

Any employer can refuse, decline or choose not to respond to overtures of any employer on BGV/reference checks/employment check.

If an employer is particular on past employment check he should clear it before issuing offer letter making an offer and before the candidate resigns from employment in hand.

If employee has not made any false statement on employment history in employment application he should relax.

Employee should always keep past job applications, interview call letters, offer letters, appointment letters, service certificates, relieving letters, salary slips, form 16, PF a/c slips, ESIC cards, Health insurance cards……………………etc

Employee is under no obligation to clear any private requirement of employer on employment checks. This can not be any pre/condition for relieving.

If employee is expected to submit notice of resignation/resignation that is the only document he has to tender.

Don’t waste your time ,energy, money on making calls……………This employer, its HR is rather sensible as they are not indulging and wasting their time energy in wasteful exercises.

Employee should keep access to trade unions leaders, lawyer/law firm and consult elders and competent and experienced well wishers.

If you have been interacting with them they shall also tell you nothing is pending to be done by you.

If you need to submit any representation in writing let it be drafted and structured preferably by competent and experienced lawyer/law firm.......................