I joined a new organization in August and was placed to work at a client's location. Now, they are relieving me by citing compliance issues with the client. The reasons also involve my previous organization. I had considered filing a petition involving both organizations, but before I proceed, I would like to seek advice on Indian labor laws and guidelines from you, as experts.
Is it fair to lay off an employee without their mistake or knowledge according to the law? If not, how can I proceed?
From India, Bengaluru
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Is it fair to lay off an employee without their mistake or knowledge according to the law? If not, how can I proceed?
From India, Bengaluru
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Dear Rakesh,
You have not specified the compliance issue that was with the client and your current and past company. The problem is very vaguely put across. You need to mention the entire scenario so that experts can provide their inputs and suggestions.
Regards,
Ashutosh Thakre
From India, Mumbai
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274You have not specified the compliance issue that was with the client and your current and past company. The problem is very vaguely put across. You need to mention the entire scenario so that experts can provide their inputs and suggestions.
Regards,
Ashutosh Thakre
From India, Mumbai
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Thank you, Ashutosh,
This is a background verification report, actually, it is positive only. But according to the client, it should be submitted before I join or at least shortly after I join. However, my previous organization replied after 1 month, due to which the client's system is not accepting the report. It is none other than the current payroll company, Nityo Infotech, and the previous one is ManPower Group.
The client is American Express, and as they are very strict in security compliance, they have no other option. But how can Nityo release me? All of a sudden, I am jobless, and my family is facing problems. Please advise.
From India, Bengaluru
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This is a background verification report, actually, it is positive only. But according to the client, it should be submitted before I join or at least shortly after I join. However, my previous organization replied after 1 month, due to which the client's system is not accepting the report. It is none other than the current payroll company, Nityo Infotech, and the previous one is ManPower Group.
The client is American Express, and as they are very strict in security compliance, they have no other option. But how can Nityo release me? All of a sudden, I am jobless, and my family is facing problems. Please advise.
From India, Bengaluru
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Dear Rakesh,
This is a very company technical issue. Try and speak with the company if they can shift you to some other process not involving American Express. Unfortunately, no mistake of yours, you have lost the job. You can ask them for compensation of the Notice Period if they cannot shift you to some other process. As the clause was already specified to you, there is not much that you can do about it. Background Verification is taken very seriously nowadays, and therefore, if they do not get it in time or receive negative feedback, it leads to the loss of the job.
My advice is to speak to the HR of the company, ask for a transfer or shift to a different vertical or process. Meanwhile, start looking for a new job.
Regards,
Ashutosh Thakre
From India, Mumbai
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This is a very company technical issue. Try and speak with the company if they can shift you to some other process not involving American Express. Unfortunately, no mistake of yours, you have lost the job. You can ask them for compensation of the Notice Period if they cannot shift you to some other process. As the clause was already specified to you, there is not much that you can do about it. Background Verification is taken very seriously nowadays, and therefore, if they do not get it in time or receive negative feedback, it leads to the loss of the job.
My advice is to speak to the HR of the company, ask for a transfer or shift to a different vertical or process. Meanwhile, start looking for a new job.
Regards,
Ashutosh Thakre
From India, Mumbai
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Thank you, Ashutosh! I am trying out for a new job. However, if I resign, they are asking me to serve the full notice period, or else pay a 50k penalty. I will take your inputs and move forward with HR. If they do not agree, I will contact the Labour Commissioner.
From India, Bengaluru
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From India, Bengaluru
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Labr laws for Vendor compliance Management.pdf
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