Hi Sumathi,
Greetings from Vibrant Screen!
With competition in the corporate world getting tougher by the day, businesses cannot afford to make any mistakes. The awareness regarding the employee background screening has increased among companies and choosing the right vendor for a background screening provider is a careful, thorough process.
Vibrant Screen, We are now in the business for the last 11 years of core industry experience which has allowed us to understand the intricacies and challenges involved with employee background verification.
We are one of Indias leading Background verification companies and have been conducting verifications since 2002 (PAN India & Overseas service)
Empanelled BGV Checker under National Skills Registry (NSR) (NSR is a NASCOM initiative).
PAN India Presence with 8 branch offices.
Preferred vendor & Global leaders trust us with pre-employment verification of the new hires.
Quick TAT Reliable
Quality assurance
Have conducted more than 800,000 unique checks
Have served over 300 clients PAN India across major industry sectors
ISO 9001: 2008 & ISO/IEC 27001:2005 certified
Automated process
Never lost a client for lack of quality
Our reports were never challenged
For any further clarification on our services, please feel free to contact me.
Thank you.
Sasi Kumar. V
+91 9632299481
From India, Bangalore
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Greetings from Vibrant Screen!
With competition in the corporate world getting tougher by the day, businesses cannot afford to make any mistakes. The awareness regarding the employee background screening has increased among companies and choosing the right vendor for a background screening provider is a careful, thorough process.
Vibrant Screen, We are now in the business for the last 11 years of core industry experience which has allowed us to understand the intricacies and challenges involved with employee background verification.
We are one of Indias leading Background verification companies and have been conducting verifications since 2002 (PAN India & Overseas service)
Empanelled BGV Checker under National Skills Registry (NSR) (NSR is a NASCOM initiative).
PAN India Presence with 8 branch offices.
Preferred vendor & Global leaders trust us with pre-employment verification of the new hires.
Quick TAT Reliable
Quality assurance
Have conducted more than 800,000 unique checks
Have served over 300 clients PAN India across major industry sectors
ISO 9001: 2008 & ISO/IEC 27001:2005 certified
Automated process
Never lost a client for lack of quality
Our reports were never challenged
For any further clarification on our services, please feel free to contact me.
Thank you.
Sasi Kumar. V
+91 9632299481
From India, Bangalore
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Dear Nadeem Iqbal, First you start from showcause notice and than after discuss his absent more than 10 days. and lastly why you think his charges are proved as per act.
From India, Ahmedabad
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From India, Ahmedabad
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Dear Sumathy,
As far as the whole situation is concerned, the employee must abide by the rules of the company as it will also affect his own career. Looking at some points, it is very important that before taking any steps against him, issue a warning letter and ask for his perspective on why he committed such forgery.
I have attached a copy; I hope this will help in drafting the circular letter. You need to revise the wording accordingly.
From India, Bhubaneswar
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14As far as the whole situation is concerned, the employee must abide by the rules of the company as it will also affect his own career. Looking at some points, it is very important that before taking any steps against him, issue a warning letter and ask for his perspective on why he committed such forgery.
I have attached a copy; I hope this will help in drafting the circular letter. You need to revise the wording accordingly.
From India, Bhubaneswar
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Hi Sumitha,
If the person absconded from work without information, then wait for 10 days. As per law, if the person absconds without notice, the job can be terminated, subject to a notice served to the present/permanent address after 3 days of lapsing from duty. Regarding the fake experience certificate, the certificate submitted by him is signed by the past employer, so verify the past employer verification with a signature. If found correct, then the employee doesn't have any fault, even though the past employer issued several work experience certificates to un-employee candidates. So, the past employer has done social justice for employment to earn and survive. There is no law to punish the employee for this. Yes, if the employee submitted fake educational credentials, then the law binds to punish him for fraud and cheating. Therefore, work experience can be observed through the interview process. Again, you can't issue any warning or show-cause letter to the employee for previous employment, except for illegal activities done in the current organization. My special suggestion is not to become a judge, even though the appointment letter mentions background verification approved by the certifying officer (Labour Commissioner). The certifying officer is not a lawmaker. There is no such law; otherwise, it may be challenged in court by any employee or actual employee later, leading to penalization of the employer.
I disagree with Hiral Mehta and Anil Arora for their incorrect suggestions as there are no rights for action against an employee with subsequent reasons that contravene the law.
I also disagree with Latha-Jadeesan for holding the relieving letter. Don't assume you are a lawmaker with legislative power. If an employee wishes, he/she can lodge a complaint for conciliation in the State Labour Department. If the employer is unable to agree to the employee's request, then it may go to civil court for a verdict in the Labour Court, High Court, Supreme Court, etc. Please don't invite disputes; always try to solve them to the maximum extent with well wishes for future achievement.
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If the person absconded from work without information, then wait for 10 days. As per law, if the person absconds without notice, the job can be terminated, subject to a notice served to the present/permanent address after 3 days of lapsing from duty. Regarding the fake experience certificate, the certificate submitted by him is signed by the past employer, so verify the past employer verification with a signature. If found correct, then the employee doesn't have any fault, even though the past employer issued several work experience certificates to un-employee candidates. So, the past employer has done social justice for employment to earn and survive. There is no law to punish the employee for this. Yes, if the employee submitted fake educational credentials, then the law binds to punish him for fraud and cheating. Therefore, work experience can be observed through the interview process. Again, you can't issue any warning or show-cause letter to the employee for previous employment, except for illegal activities done in the current organization. My special suggestion is not to become a judge, even though the appointment letter mentions background verification approved by the certifying officer (Labour Commissioner). The certifying officer is not a lawmaker. There is no such law; otherwise, it may be challenged in court by any employee or actual employee later, leading to penalization of the employer.
I disagree with Hiral Mehta and Anil Arora for their incorrect suggestions as there are no rights for action against an employee with subsequent reasons that contravene the law.
I also disagree with Latha-Jadeesan for holding the relieving letter. Don't assume you are a lawmaker with legislative power. If an employee wishes, he/she can lodge a complaint for conciliation in the State Labour Department. If the employer is unable to agree to the employee's request, then it may go to civil court for a verdict in the Labour Court, High Court, Supreme Court, etc. Please don't invite disputes; always try to solve them to the maximum extent with well wishes for future achievement.
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We are from Human Resources, not CBI personnel. Most often, we hear that after joining, an inquiry is made by the new/present employer. Why? Why is it not done at the time of the recruitment process? Almost all companies do it - a later CBI inquiry? HR plays the role of a model for the environment and enriches it - enjoying this kind of job. We, as HR professionals, are here to develop a conducive environment.
If the recruitment is done by a consultant, should you charge them or the recruitment officer? It sounds quite unethical that new employees join, and then all kinds of inquiries start. Yes, I agree the person may have done something wrong, but why? Maybe they are not enjoying their current work profile, company, or salary - whatever it may be. Just give them your best wishes and end it.
From India, Vadodara
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If the recruitment is done by a consultant, should you charge them or the recruitment officer? It sounds quite unethical that new employees join, and then all kinds of inquiries start. Yes, I agree the person may have done something wrong, but why? Maybe they are not enjoying their current work profile, company, or salary - whatever it may be. Just give them your best wishes and end it.
From India, Vadodara
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Hi Sumathy,
First, there is a procedure for termination of employment without notice by the employee. If the employee does not communicate information with the reason behind it within 10 working days, then employers can terminate the employment with subsequent notice to the employee. If the employer does not receive any information within 3 working days for absenteeism by the employee, then the employer can issue a notice to the employee for the reason for absenteeism. If there is no response within 10 working days, the employer can terminate the employment. Additionally, if the employee provides a reason on medical grounds, the employer is bound to reinstate the employee by the eye of the law.
Secondly, if an employee forges an educational certificate, a criminal case can be filed; however, there is no law provision for forging an experience certificate since most establishments provide such certificates to candidates for job applications, except government organizations. The experience certificates provided by organizations are usually genuine as they are achieved through actual work done by employees. Therefore, employees should not face negative consequences in their careers for receiving remuneration from these establishments. Organizations also maintain records of experience certificates given to candidates. If an employee creates a fake experience certificate, the organization can take legal action against the candidate utilizing the organization's documents. However, if the forgery is done externally without using the organization's stationery, it may be challenging to take action as the signature is not authentic and thus invalid.
Best regards,
Manoj Kumar
B.Sc, LLB, PGDBA
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First, there is a procedure for termination of employment without notice by the employee. If the employee does not communicate information with the reason behind it within 10 working days, then employers can terminate the employment with subsequent notice to the employee. If the employer does not receive any information within 3 working days for absenteeism by the employee, then the employer can issue a notice to the employee for the reason for absenteeism. If there is no response within 10 working days, the employer can terminate the employment. Additionally, if the employee provides a reason on medical grounds, the employer is bound to reinstate the employee by the eye of the law.
Secondly, if an employee forges an educational certificate, a criminal case can be filed; however, there is no law provision for forging an experience certificate since most establishments provide such certificates to candidates for job applications, except government organizations. The experience certificates provided by organizations are usually genuine as they are achieved through actual work done by employees. Therefore, employees should not face negative consequences in their careers for receiving remuneration from these establishments. Organizations also maintain records of experience certificates given to candidates. If an employee creates a fake experience certificate, the organization can take legal action against the candidate utilizing the organization's documents. However, if the forgery is done externally without using the organization's stationery, it may be challenging to take action as the signature is not authentic and thus invalid.
Best regards,
Manoj Kumar
B.Sc, LLB, PGDBA
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yes i agree with Nagamitkumar. Because may be he doesn’t like current environment and CTC and etc....
From India, undefined
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From India, undefined
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Hi, absconding from job duties falls under a well-known disciplinary procedure drafted by your company. The employer has every right to control the misbehavior of the employee. So go ahead.
Secondly, you have asked for a general warning letter. I don't think you have the capacity to draft a letter. Mention this case and put it on the notice board. No problem. Absconding from duties due to medical grounds can be bearable. In this case, absconding and forgery need public attention obviously. Go ahead and draft a warning letter applicable to all, and another memo to the employee for breach of contract to work there.
I think you have understood well. You can do a lot.
From India, Nellore
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Secondly, you have asked for a general warning letter. I don't think you have the capacity to draft a letter. Mention this case and put it on the notice board. No problem. Absconding from duties due to medical grounds can be bearable. In this case, absconding and forgery need public attention obviously. Go ahead and draft a warning letter applicable to all, and another memo to the employee for breach of contract to work there.
I think you have understood well. You can do a lot.
From India, Nellore
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Hi Sumathi,
The background verification done by a third party, by gathering genuine information, may not be acceptable in a court of law. Only verifications done by a legal authority, such as a commissioner (e.g., Advocate or police deputed by the court), can be deemed acceptable as per the constitutional rights set forth by the court. Regarding the forgery of office stationery, a proper inquiry through an FIR is necessary, as the same can be reprinted by an offset/screen print machine, but signatures cannot be replicated. I believe you cannot prove that he has stolen after leaving the office. If a person absconds without notice, for example, without submitting a leave letter or any slip, and is absent for three days or more, it is your duty to serve a notice to his present/permanent address to gather information for such absenteeism. If you do not receive any information from him within 10 days of his absence, you can terminate his job as per employment law by sending a letter through registered post to his address. Furthermore, if an employee seeks shelter for treatment at a hospital for health problems outside of their residing address or permanent address, then you must consider reinstating them in service following a proper inquiry from the concerned hospital in a written format.
It is crucial not to issue any warning letters without sufficient evidence to any employee, as doing so may lead to disputes being raised and prejudice in court.
Manoj
Advocate
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The background verification done by a third party, by gathering genuine information, may not be acceptable in a court of law. Only verifications done by a legal authority, such as a commissioner (e.g., Advocate or police deputed by the court), can be deemed acceptable as per the constitutional rights set forth by the court. Regarding the forgery of office stationery, a proper inquiry through an FIR is necessary, as the same can be reprinted by an offset/screen print machine, but signatures cannot be replicated. I believe you cannot prove that he has stolen after leaving the office. If a person absconds without notice, for example, without submitting a leave letter or any slip, and is absent for three days or more, it is your duty to serve a notice to his present/permanent address to gather information for such absenteeism. If you do not receive any information from him within 10 days of his absence, you can terminate his job as per employment law by sending a letter through registered post to his address. Furthermore, if an employee seeks shelter for treatment at a hospital for health problems outside of their residing address or permanent address, then you must consider reinstating them in service following a proper inquiry from the concerned hospital in a written format.
It is crucial not to issue any warning letters without sufficient evidence to any employee, as doing so may lead to disputes being raised and prejudice in court.
Manoj
Advocate
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Employee Background Verification Pre-offer & Post-Offer Services.doc