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kapil pandit (mechanical Manager)     23 September 2025

Guidance needed – employment issues, career gaps, discrimination in hiring, and financial hardship

Dear Members,

I am a Mechanical Engineer (HVAC specialization, Mumbai University – 2004) with more than 19 years of experience, including 5 years in Gulf countries like Saudi Arabia and Qatar. Despite my qualifications, I am facing severe difficulties in securing stable employment in Mumbai and Pune. I am seeking guidance regarding my legal rights and possible remedies.

 

Issues I am facing:

 

1. Accommodation & Allowances: Employers are not providing company accommodation, and I am being forced to live on rent. For interviews, companies are not reimbursing travel costs or arranging video calls, which makes it financially difficult for me to attend.

 

 

2. Experience Recognition: Some employers are refusing to consider my Gulf experience as valid.

 

 

3. Software Licensing: Many companies are openly using unlicensed software (AutoCAD, etc.) but still demand that I be an expert in it. They are also ignoring the fact that tools like Revit and HVAC systems like VRV/VRF were not taught during my college years (2001–2004), yet are now industry standards.

 

 

4. Curriculum vs. Industry Practice: Employers are not considering my strong academic foundation in mechanical engineering and HVAC curriculum. Instead, they are rejecting candidates based on the latest software skills, which were unavailable in my study period.

 

 

5. Career Gaps: I have genuine career gaps due to COVID-19 and other personal issues, but employers are treating this as a negative factor instead of considering my overall experience.

 

 

6. Past Employment History: I have worked in nearly 20 companies and also had labor-related disputes in the past, which seems to affect my employability.

 

 

7. Personal Background: I went through a divorce and psychological counseling (diagnosed with schizophrenia, I am fighting case against wrongful diagnosis), which has added to my difficulties. Despite this, I remain capable of working and contributing.

 

 

8. Family & Financial Hardship: My parents are disabled and less educated, with no livelihood. They are demanding rent from me since they cannot sustain themselves. I urgently need a stable job in Mumbai to support them and myself.

 

 

 

My Queries to the Forum:

 

What are my legal rights if employers refuse to recognize my valid Gulf experience?

 

Can a candidate demand video interviews or travel reimbursement for in-person interviews, especially when unemployed?

 

Is it legal for companies to use unlicensed software and still demand expertise from employees?

 

How do I deal with bias against career gaps caused by COVID-19 and personal hardship?

 

Given my health history and past labor cases, what legal remedies are available to prevent discrimination in hiring?

 

Are there government or legal provisions for support in cases like mine, where both livelihood and mental health are at stake?

 

 

I request members to kindly guide me on possible legal action, rights, or alternative remedies available.

 

Thank you for your time and guidance.

 

Sincerely,

Kapil 

Mechanical Engineer – HVAC



 8 Replies

kavksatyanarayana (subregistrar/supdt.(retired))     23 September 2025

Usually, companies will announce the job qualifications for separate posts for the appointment of candidates for such posts, and the candidates have to follow them.  

P. Venu (Advocate)     23 September 2025

Private employers have the discretion lay down and follow their own norms in such matters. to my knowledge, there are no remedies that could be pursued through legal process/procedure.

T. Kalaiselvan, Advocate (Advocate)     24 September 2025

You cannot claim the desired proposals or benefits as a right.

Every private company has its own rules and there is no prescribed law in this regard binding the private sector employers to abide by your requirements, you are for the company  and company is not for you. 

You may have to abide by the company rules and cannot frame your own rules to suit your convenience

Dr. J C Vashista (Advocate )     24 September 2025

Every company / organisation has to recruit as per their own policy, if it is acceptable, you may join.

kapil pandit (mechanical Manager)     25 September 2025

Thank you. I know every company hires by its own rules.

But in one company (I do not want to name it) I saw many problems. During training people copied each other’s answers and still passed. On the job people were doing others’ work or helping in ways that looked like cheating. The company’s performance rules were not followed, so the individual scores did not show real work. People even used others’ computers to click answers, although that was not allowed. This shows the rules were not followed by employees or the company itself. Given this, do you still think it is okay to join? Please tell me your advice.

T. Kalaiselvan, Advocate (Advocate)     26 September 2025

No opinion can be rendered to your imaginary or hypothetical further questions .

kapil pandit (mechanical Manager)     26 September 2025

Respected Sir,

I am not your client. I only asked a question and I am not asking for a full legal opinion.

I do have real proof — documents, screenshots and emails — so this is not a made-up or hypothetical case.

If my earlier message sounded unclear or hypothetical, I am sorry.

I cannot afford normal fees. I can only offer ₹1 as a symbolic payment.

If you cannot help, please tell me where I can get free or low-cost legal help or refer me to someone who can. Thank you.

 

 

Dr. J C Vashista (Advocate )     26 September 2025

In such a case you may approach Secretary of your District / High Court or Supreme Court Legal Services Authority to provide you legal aid.


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