Manager blacklisted on resigning

Many companies have policy not to take back old employee. So what is worng in that. How can you enforce your right to work in a compnay of your choice?

@Dr Rajendra K Gupta: Thanks sir for reply... But in case of Infosys, it is not the case. It always allows employees to rejoin. It is just a feeling like to satisfy personal ego, manager have done this thing. Else in terms of company's policy, an employee is blacklisted only in case if he was unable to do any work or if his behavior is not good or he is fired which is not at all in my case. 

You have posted that:

"my old manager have put comments "DUE TO FAMILY ISSUES HE WAS NOT ABLE TO CONCENTRATE ON WORK" and for other jobs he should not be allowed to join. "

He and his company that has allowed such comments is fully liable.

Get hold of documentary evidence and irrefutable record.................................of rejection due to it and becoming unemployable and loosing source of livelihood and all hardships on getting educated and  experience going waste.................

Discuss in person with an able labor Law Consultant/service Matters lawyer/law firm.......................and a layer specializing in criminal law..........................for defamation,dscriminatory retaliation ect........................and layer specializing in law of torts...................

Blacklisting is bad practise.

Seasoned Employee's/Trade Unions leaders also know precise ways to handle such matters and drill sense into the heads...........................................

I dont agree with Mr Doab. Privatesector has full right to reject and expel any employee 1. if employee is not covered under any protective law like Factory Act or any oter applicable act. Mostly they arebsupervisors. Even if you get a coy of the inside mail it is very difficult to prove it.

The allegation of manager is very clear. Unable to concentrate on job and he has resifgned on his own. So how can he demand to be engaged again? Thatw ay every ex employee will come and ask re employm,ent otherwise file a suit. Pure nonsense!

@Sameer,

Keep this thread active and let us attempt to take it to its logical conclusion.

Your posts indicate that you have done your homework and have come to LCI for meaningful and sound legal opinion for valid legal actions that you can take.

I have already posted that you should consult able counsels.

You may contact your counsels without any hesitation.

IT employees are internet/tech savvy and information flies on the wings on internet.

You have posted in your very first post that:

" So I just wanted to know whether I can go for any legal action against manager/organisation as I am having appreciations mails and record of my good work done there."

Are any of such appreciations signed by this good for nothing Manager as well or his/her superiors or HR or Senior Management? If yes then you have an edge.

Before allowing such comments:

""DUE TO FAMILY ISSUES HE WAS NOT ABLE TO CONCENTRATE ON WORK" and for other jobs he should not be allowed to join. ""

it is obligation of employer and its attorneys in Line Management and HR and legal to check and recheck the validity of such comments...................................in addition to various other reasons .......................................... the top reason being that such comments expose the establishment to litigation and consequences of litigation.

Did this manager of anyone issue any stinker/memo/notice/show cause notice etc that you are unable to focus on your job or you are unable to deliver or puting question mark on KRA's/deliverables?

If NO: then why such comments in personnel files/service card, after you have left?

The question have been raised on private and govt sector..............................There are judgments that ACR and adverse comments should be supplied to employee well in time.

The company has policy on re-employment rather it encourages to re-employ.

Thus anyone from community of Ex-Employee’s can hope in on company’s train.

Anyone that resorts to unfair methods to thwart by blacklisting can be sued on this count as well…………………….be it your Ex.Manager.

Sometimes the chair goes to the Head and addle the wits. The owners/promoters are quick to realize the pros and cons and remove such personnel from headcount.

This manager is not your employer and is just another employee in the company.

If you have evidence and proper support then you can for sure establish that the comments are willful, intentional to render you unemployable in past employer and other employers.............

You may escalate to good offices of appointing authority,MD,Chairman and founder/mentor Mr.Murthy.

In IT/ITeS Sector the employee's/Trade Unions have done a good job and have supported their members.

Senior Officials of Dep. of labor Karnataka penalized MNC………….. by Rs.12 Lacs for posting untrue comments to effect termination......................and the issued was well published.

https://www.theyoungbangalorepost.com/mnc-gets-slapped-illegally-terminating-employee-labour-department-orders-compensate-inr-12-5lakh/

https://timesofindia.indiatimes.com/tech/jobs/Techies-up-in-arms-against-poor-IT-policy/articleshow/46224144.cms

https://www.lawyersclubindia.com/forum/Company-sacked-me-without-notice-121837.asp#.Vhntbm5-jMo

NSR/NASSCHOM has replied to IT/ITeS employees union that it is not involved in Blacklisting.

Blacklisting has been discussed in many threads at LCI. You may search in search options on right hand side………………and senior experts/lawyers have commented that ‘……………..you can sue the employer …………………….’. You may go thru these carefully.

The courts of law had to write striking comments in its judgments e.g; in case of:

“ Supreme Court of India”
Sant Raj & Anr vs O.P. Singla & Anr………………….
https://www.indiankanoon.org/doc/476799/
“‘2. Whenever it is said that something has to be done within the discretion of the authority then that something has to be done according to the rules of reason and Justice and not according to private opinion , according to law and not humor. It must not be arbitrary vague and fanciful. [626D]”

https://www.lawyersclubindia.com/forum/3-months-notice-need-advise-86737.asp#.VJ6WzcIRA

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/

https://www.lawyersclubindia.com/experts/Blacklisting-in-nasscom-using-nsr-it-pin-514736.asp

https://www.lawyersclubindia.com/forum/Blacklist-by-nasscom-66328.asp

https://www.nasscom.in/background-and-purpose

@ Sameer,

It is true that once employee is at workplace he/she is at the disposal of employer for 8 workhours.

It is not true that employee has to cut off from his parent and family to work and can not think about his sick parent while at employer's place.

Let us assume that promoter of the company and his family is sick and bosses and employee's discuss it at workplace then it is not forbidden.

Likewise if parent of employee is sick and employee or managers discuss it at workplace then it is not taboo.

Discussing sickness of parent at workplace is not misconduct.

Sensible employers, HR personnel in establishments with good HR practices encourage the employees to discuss and some have counsellors to destress the employees.

End of the day it is the job done that matters.

In your case, as per your posts, jobs done by you have been appreciated.

Mr. Rajinder K Gupta's comments:

“Privatesector has full right to reject and expel any employee 1. if employee is not covered under any protective law like Factory Act or any oter applicable act. Mostly they arebsupervisors. Even if you get a coy of the inside mail it is very difficult to prove it."

are wrong and erroneous.

Therefore I donot concur with these.

I did not seek any agreement from Mr. Rajinder K Gupta.

Even a supervisor is covered.

Even top managers ( that are so called………………..not protected) have taken their ex employers to task…………………………….The case of GM of Reliance Telecom was discussed at LCI……………

The company in which promoters have invested their good and hard earned monies and employees have invested their precious professional hours, professional wisdom and sweated for its success has drafted a policy that Ex. Employee can join……………………………………….It is the part of offer/policy for aspiring candidates and in-house employees and Ex.Employees……………………………….

………..and one or more or all good for nothing Managers can not insert their personal thoughts that are product of their wicked mind that : ……………………….for other jobs he should not be allowed to join. "

It is nothing but sheer nuisance. The manager has littered nuisance and now let him clean his garbage or employer or employee or counsels of employee can pursue the options for untruthful statements of this Manager.

The manager is now stuck up since it has published the comments and may face reprimand if he/she takes it back……………………..

Now he/she is left with no other option but to either stick to what he/she has printed or face the music.

What else.

The querist may approach an able counsel.

There are counsels that are upfront and don’t take employee’s cases. There is  no use in seeking counsel of such counsel.

Prefer a counsel that stands for employees.

Labor-Service matters are altogether different field of law and there are a few counsels in each city that specialize in it. Usually such matters are referred to them and lawyers in civil matters do not meddle into Labor-Service matters and advise the visitors to consult counsels specializing in Labor-Service matters.

At your location you can access counsels/law firms par excellence.

Mr Doab when you come to discussion forums like one we arein at moment you should be open to communication with each participanmts. Please shed you ego and self sense of superirity. If you make any posting here other members have right to disagree and show it. Remain in your limits and decency of forum discussions.

Most of your discussions are trash and your personal opinion.It has become habit of psuedo experts to quote judgments . Majority of these are rejected by courts  as they dont fit a case.For every judgment there is opposite judgment. This is endless judicial game.

Querist please note: what to talk of Private sector you dont have right even in Public departments to keep working and seek re employment. This is like gate crashing.

Unless and otherwise the denila or comments arebased on something that is not recognised by contitution for example gender bias,racial,caste or color or thereis s*xula harassment,there is nothing wrong in it. Manager has all the right to give his opinion on you as supervisor. Your manager can even recommedn termination as a supervisor.Neither his recommendation is binding on HR department nor on Director/promoters of company. They can still give you employment if they need one and you fit their requirements.

Even if you manage to enter by force, you will be sacked again after a couple of months. The entire ITsector will discard you as quarell some and inefficient person.

Please note, daily in far more developed coutries like USA and Canada  employees are expelled. My son in canada was without any reason provoked and removed by his manager who was a white man in big famous compnay like Enterpsie INC . Despite best perfromnace in his territory. He did complain. Nothing happened.Enterprise holding INC is incidentally notorious for sacking young employees after using them for 1-2 years

If your desire is taken into account, no employee will ever be removed from any compnay.

This is sheer absurdity.

You have no right to re-enter specially when you insisted and resigned

This world is too small and all employers are one when it comes to employees.

Dont spoil your future by fighting. Wait for right time to re-enter if you are so fascinated by Infosys.

Take your experience certificate and good credentials . You will need it.

Bythe way if you did well in organsiation does it mean you nhave permanent lien on Infosys and can enter and leave at will? Dont you think it is childish?

Mr. Rajinder K Gupta,

None of the discussions are trash and  personal opinion. The enactments and  illustraed judgments by courts of law also not trash and  personal opinion.

Most of your discussions are nothing else and trash and your personal opinion.

You remain in your limits and decency of forum discussions.

You have initiated many threads for your own and personal problems at LCI, that have been thoroughly discussed.

You may go thru your own comments in all threads and you may agree that your discussions are nothing else and trash and your personal opinion.