By Indian employment Law, can my employer demand from me copies of all non-blank pages of my passport?
I already shared all the relevant information and still my employer is insisting on the copies.
I personally have paid for my passport applications and got no help ( either financial or professional service assistance ) from my employer in this regard.
Isn't my passport a personal document in this situation which I may not agree to share with my Employer?
From India, Calcutta
I already shared all the relevant information and still my employer is insisting on the copies.
I personally have paid for my passport applications and got no help ( either financial or professional service assistance ) from my employer in this regard.
Isn't my passport a personal document in this situation which I may not agree to share with my Employer?
From India, Calcutta
Hi,
An employer can ask for a passport copy from an employee if it is mandatory for the nature of work involved(Confidentiality/security) .Its taken as proof by the employer for the security reasons.Its also taken as one way of reference check.This is a common practice among some ITES compaies.
Regards,
Vyshnavi
From Germany, Filderstadt
An employer can ask for a passport copy from an employee if it is mandatory for the nature of work involved(Confidentiality/security) .Its taken as proof by the employer for the security reasons.Its also taken as one way of reference check.This is a common practice among some ITES compaies.
Regards,
Vyshnavi
From Germany, Filderstadt
Employers do have a right to ask copies of certain documents-to verify date of birth, residential address, your activities in visiting other countries etc.
This is an inherent right and NOT a matter of Indian Employment Laws.
But what don't you look at it this way? What harm can come your way by providing copies of non-blank pages? I feel-none!
Passport is a personal document, but so are your qualification certifications, School Leaving certificates and a host of other certificates, Why do you share these?
May be there is nothing evil in employer asking you to share these document. Even if he has evil in his mind, he can do nothing with copies of documents.
I suggest you need not be so possessive and defensive about this issue. Your association by way of employmeny depends upon your competence, attitude, quality of relationships as also employer's perceptions of these.
No need, indeed to take a suspicious, righteous and defensive stand on an issue of really no consequence.
Unless, there is something you have preferred not to share on the board.
Take it easy. There is no harm!
samvedan
October 6, 2005
From India, Pune
315This is an inherent right and NOT a matter of Indian Employment Laws.
But what don't you look at it this way? What harm can come your way by providing copies of non-blank pages? I feel-none!
Passport is a personal document, but so are your qualification certifications, School Leaving certificates and a host of other certificates, Why do you share these?
May be there is nothing evil in employer asking you to share these document. Even if he has evil in his mind, he can do nothing with copies of documents.
I suggest you need not be so possessive and defensive about this issue. Your association by way of employmeny depends upon your competence, attitude, quality of relationships as also employer's perceptions of these.
No need, indeed to take a suspicious, righteous and defensive stand on an issue of really no consequence.
Unless, there is something you have preferred not to share on the board.
Take it easy. There is no harm!
samvedan
October 6, 2005
From India, Pune
There is some basic difference between the educational certificate and a passport. My certificates are the basic pre-requisites for getting the job where as a passport is not. I have some colleagues who do not possess a passport.
It is not that I have something to hide by not agreeing to share my passport copies.
I am working at the mid-mgmt level in the same offshore company ( where software is an in-house job) for last 3 years and my professional association with the same authority is for more than 7 years. My job is mainly based in India and does not require frequent travel. Personally I also do not like to travel. But I agree to travel when there is business demand.
During my employment time, I traveled to overseas for business and except for getting an Invitation Letter and the VISA related drafts, I got no help from my HR. They did not even give me any HR covering letter establishing my employment while applying for Business Visa. The travel was absolutely for business purpose and I was not really very willing for travel. I somehow managed to get the VISA. This happened due to sheer incompetence on their part.
Then I had to renew my passport and for that also, no financial or assistance service was provided by them. In fact, I had to go through the support service of my Spouse's organization to get my passport renewed. Believe me it was not easy for me to ask my spouse’s help for this when I knew the renewed passport will be used by my in-frequent business travel only.
After all these, they suddenly woke up and asking for all the copies of passport. And they are also flexing their muscles about it. Is this an acceptable HR practice?
I still ask can I rightfully deny to provide the passport copy? If I do, what will be the consequences?
From India, Calcutta
It is not that I have something to hide by not agreeing to share my passport copies.
I am working at the mid-mgmt level in the same offshore company ( where software is an in-house job) for last 3 years and my professional association with the same authority is for more than 7 years. My job is mainly based in India and does not require frequent travel. Personally I also do not like to travel. But I agree to travel when there is business demand.
During my employment time, I traveled to overseas for business and except for getting an Invitation Letter and the VISA related drafts, I got no help from my HR. They did not even give me any HR covering letter establishing my employment while applying for Business Visa. The travel was absolutely for business purpose and I was not really very willing for travel. I somehow managed to get the VISA. This happened due to sheer incompetence on their part.
Then I had to renew my passport and for that also, no financial or assistance service was provided by them. In fact, I had to go through the support service of my Spouse's organization to get my passport renewed. Believe me it was not easy for me to ask my spouse’s help for this when I knew the renewed passport will be used by my in-frequent business travel only.
After all these, they suddenly woke up and asking for all the copies of passport. And they are also flexing their muscles about it. Is this an acceptable HR practice?
I still ask can I rightfully deny to provide the passport copy? If I do, what will be the consequences?
From India, Calcutta
It is due to certain issues between the management and yourself, that you do not wish to share non-blank copies of the passport pages.
Now let me tell you that you have a right to refuse to share any personal details that are NOT relevant to the job or to the employer-employee relationship, though I feel that the issues could be sorted out by a mature discussion between the parties. If this has happened and has not yielded results or you are convinced that this approach won't work in your situation, then go right ahead and refuse to share.
When I say I must also exercise a caution that you must verify the terms and conditions of your employment to ensure that you are indeed free to refuse. As far as th law is concerned you can't be forced.
But every decision that one makes in life, there is a price attached which is not always visible to determinate. Before you make up your mind, I hope you will bear this mind!
Good Luck
samvedan
October 7, 2005
From India, Pune
Now let me tell you that you have a right to refuse to share any personal details that are NOT relevant to the job or to the employer-employee relationship, though I feel that the issues could be sorted out by a mature discussion between the parties. If this has happened and has not yielded results or you are convinced that this approach won't work in your situation, then go right ahead and refuse to share.
When I say I must also exercise a caution that you must verify the terms and conditions of your employment to ensure that you are indeed free to refuse. As far as th law is concerned you can't be forced.
But every decision that one makes in life, there is a price attached which is not always visible to determinate. Before you make up your mind, I hope you will bear this mind!
Good Luck
samvedan
October 7, 2005
From India, Pune
Hi
It seems that there exists a communication gap between you and your employer. Both are unable to reconcile and explain to each other for their reservations.
You have mentioned that during your employment you traveled overseas for business and HR department has provided only a little help for getting visa for the countries you visited for business purposes. This little help was in the shape of providing you with the Invitation letter from company's having offices abroad and VISA drafts.
I fully agree with your contention that they have not provided you even a covering letter indicating your employment with the company. My dear don't you think that without invitation letter and VISA dratfs it was not possible for you to get visa from concerned embassy. No doubt this visa was granted on the basis of your personal presentation but I am sure that this invitation letter played a big role in that. Just think on it.
Now the thing is why your employer is asking for the copy of your passport especially of non blank pages. There may be the following reasons :
1) The accounts books of employer are under survillence from statutory authorities, which management do not want to disclose and the stutautory authorities wants to establish on the records that expenses borne by the company are genuine and one has actually traveled abroad.
2) Employer is under scanning by any intelligence agency for its connection with foreign company.
3) Employer might have some information pertaining to your visit abroad, which is negative in nature and has been supplied by foreign company in confidentiality to your present employer.
4) Employer might wanted to verify from your passport about your entering the forign country and exit from that country. Also when you were abroad for business purposes have you visited any other country without the knowldge of your employer and not as per pre decided schedule.
There may be some other reasons also.
If any of the above circumstances is not there , then why are you worried, come forward and have open discussion with your employer and if justified, supply the copies.
I am sure your employer wanted to ensure some thing from your passport details. I do not know which country(s) you visited for business purposes.But one thing is sure it is very difficult to get even business visa for certain countries. Your employer helped you establishing your credability with embassy of the country which granted you visa to visit that country.
If you agree with this be confident and supply the required information. Help your employer , you are from middle mgt. level and has to move to Sr.level in future. Negative attitude and putting extra reservations on your self will not help you to grow. Releive your tension , discuss and act according to circumstances.
There is no legal matter involved in this. Employer has right to seek information if you have enterned into an agreement for providing that otherwise only law which comes into force under these circum stances is Principal of Natural Justice.
Think from employer's angle that if ,you are an employer and your employee is not proving you the information ,which is desperately required , how helpless you will feel. Leave the differences speak to your employer.
Regards
Anil Anand
From India, New Delhi
It seems that there exists a communication gap between you and your employer. Both are unable to reconcile and explain to each other for their reservations.
You have mentioned that during your employment you traveled overseas for business and HR department has provided only a little help for getting visa for the countries you visited for business purposes. This little help was in the shape of providing you with the Invitation letter from company's having offices abroad and VISA drafts.
I fully agree with your contention that they have not provided you even a covering letter indicating your employment with the company. My dear don't you think that without invitation letter and VISA dratfs it was not possible for you to get visa from concerned embassy. No doubt this visa was granted on the basis of your personal presentation but I am sure that this invitation letter played a big role in that. Just think on it.
Now the thing is why your employer is asking for the copy of your passport especially of non blank pages. There may be the following reasons :
1) The accounts books of employer are under survillence from statutory authorities, which management do not want to disclose and the stutautory authorities wants to establish on the records that expenses borne by the company are genuine and one has actually traveled abroad.
2) Employer is under scanning by any intelligence agency for its connection with foreign company.
3) Employer might have some information pertaining to your visit abroad, which is negative in nature and has been supplied by foreign company in confidentiality to your present employer.
4) Employer might wanted to verify from your passport about your entering the forign country and exit from that country. Also when you were abroad for business purposes have you visited any other country without the knowldge of your employer and not as per pre decided schedule.
There may be some other reasons also.
If any of the above circumstances is not there , then why are you worried, come forward and have open discussion with your employer and if justified, supply the copies.
I am sure your employer wanted to ensure some thing from your passport details. I do not know which country(s) you visited for business purposes.But one thing is sure it is very difficult to get even business visa for certain countries. Your employer helped you establishing your credability with embassy of the country which granted you visa to visit that country.
If you agree with this be confident and supply the required information. Help your employer , you are from middle mgt. level and has to move to Sr.level in future. Negative attitude and putting extra reservations on your self will not help you to grow. Releive your tension , discuss and act according to circumstances.
There is no legal matter involved in this. Employer has right to seek information if you have enterned into an agreement for providing that otherwise only law which comes into force under these circum stances is Principal of Natural Justice.
Think from employer's angle that if ,you are an employer and your employee is not proving you the information ,which is desperately required , how helpless you will feel. Leave the differences speak to your employer.
Regards
Anil Anand
From India, New Delhi
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