Hello, I have a query regarding my friends termination. He was terminated after he completed 3 months in the company and the reason given was BACKGROUND VERIFICATION FAILED.
Is it legal to terminate an employee after he completes 3 months in a company with the above reason?
Please help..
From India, Mumbai
Is it legal to terminate an employee after he completes 3 months in a company with the above reason?
Please help..
From India, Mumbai
Background verification (BGV) is a process by which the employer checks the authenticity of the information the candidate furnishes at the time of his joining. If the past salary particulars, period of past service, designation, reasons for leaving past employments, past service record .. is found to be incorrect the employer can terminate the service of the employee.
Some companies do BGV prior to the candidate's joining. But many companies do it after the employee joins. The reason for this is most of the companies outsource BGV to professional organisations & there is a cost involved. If the employee doesn't join the amount spent doesn't serve the purpose.
My suggestion to your friend is to introspect the reason for the BGV failure & correct it, if he has furnished any such information inadvertently.
Generally companies do not reveal the reasons for BGV failures.
Regards
M.V.Kannan
From India, Madras
256Some companies do BGV prior to the candidate's joining. But many companies do it after the employee joins. The reason for this is most of the companies outsource BGV to professional organisations & there is a cost involved. If the employee doesn't join the amount spent doesn't serve the purpose.
My suggestion to your friend is to introspect the reason for the BGV failure & correct it, if he has furnished any such information inadvertently.
Generally companies do not reveal the reasons for BGV failures.
Regards
M.V.Kannan
From India, Madras
"Generally companies do not reveal the reasons for BGV failures." - AND - "BGV after joining" don't you think it is a mercy less and non-human treatment, spoiling a persons' career. How far he/she strucgled to get break the compition. Why can't Cos check before joining/or before issuing offer letter. I suggest to approch advocate for the in justice. To make the BGV as a transparant process , govt should establish an Govt-Organisation and there should not be any other way for BGV, if those made by chance candidate can go to court. This is just my view and proposal, not in practical now.
Questioning the co, : After joining asking to sign the appointment order with terms and condition, which way is correct legally. Offer letter does not have all terms & condition. Olden days, Offer letter with appoint ment order terms will be given. While joining signed order should be submitted. Will any corporate co will sign contract after undertaken/starting the work with mear few basic terms. Why cos see partiality.Why employees do not insist for a govt body to establish fair recruitment process.
From India, Chennai
Questioning the co, : After joining asking to sign the appointment order with terms and condition, which way is correct legally. Offer letter does not have all terms & condition. Olden days, Offer letter with appoint ment order terms will be given. While joining signed order should be submitted. Will any corporate co will sign contract after undertaken/starting the work with mear few basic terms. Why cos see partiality.Why employees do not insist for a govt body to establish fair recruitment process.
From India, Chennai
As indicated by me the BGV process can of course be done before the candidate joins. But companies are unable to do this prior to the candidate's joining for the following reasons.
1. The prospective candidate supposed to join does not join for various reasons.
2. The employee working in the organisation quits without giving the required notice period, so pressure builds up to fill up the vacancy.
3. The HR department has time to fill up the vacant position but in the current scenario HR department can't take chances & tries to close the position as soon as possible.
4. The time taken for a through BGV for one candidate will be around 15 days.
These are the causes for BGV's being done after the candidate joins.
If we fill up a few vacancies a year BGV before joining but when hundreds of candidates are recruited then it becomes impractical to do BGV beforehand, though I would still advocate BGV before joining.
In my experience we have come across candidates who give references of relatives though friends/ relatives can't be given as reference, wrong past CTC data, wrong past experience data, masked break in service in career
If candidate furnishes right information BGV is not a matter of concern. Challenging in a court could lead to embarrassment as the BGV data will be made public. This is my opinion.
Regards
M.V.Kannan
From India, Madras
1. The prospective candidate supposed to join does not join for various reasons.
2. The employee working in the organisation quits without giving the required notice period, so pressure builds up to fill up the vacancy.
3. The HR department has time to fill up the vacant position but in the current scenario HR department can't take chances & tries to close the position as soon as possible.
4. The time taken for a through BGV for one candidate will be around 15 days.
These are the causes for BGV's being done after the candidate joins.
If we fill up a few vacancies a year BGV before joining but when hundreds of candidates are recruited then it becomes impractical to do BGV beforehand, though I would still advocate BGV before joining.
In my experience we have come across candidates who give references of relatives though friends/ relatives can't be given as reference, wrong past CTC data, wrong past experience data, masked break in service in career
If candidate furnishes right information BGV is not a matter of concern. Challenging in a court could lead to embarrassment as the BGV data will be made public. This is my opinion.
Regards
M.V.Kannan
From India, Madras
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