I recently received communication from the company in which they mentioned that if I choose not to join their organization, they would pursue a course of action that could lead to dual employment and potentially affect my future employability. I am puzzled by this statement because I have not yet received the offer letter or undergone the onboarding process with the company. Additionally, I have not signed or shared any Provident Fund (PF) forms with them.
Given these circumstances, I am curious to know how they would be able to proceed with creating a PF account or implementing dual employment without these essential steps being completed. I believe that certain procedures, such as creating a PF account, require specific documentation and my consent.
I am seeking advice on the legitimacy of such threats and the potential implications. Can they legally take actions like creating a PF account or enforcing dual employment under these circumstances? I want to ensure that I am well-informed about my rights and the proper procedures in this situation.
Thank you for any guidance you can provide on how to handle this matter effectively.
From India, Mumbai
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Given these circumstances, I am curious to know how they would be able to proceed with creating a PF account or implementing dual employment without these essential steps being completed. I believe that certain procedures, such as creating a PF account, require specific documentation and my consent.
I am seeking advice on the legitimacy of such threats and the potential implications. Can they legally take actions like creating a PF account or enforcing dual employment under these circumstances? I want to ensure that I am well-informed about my rights and the proper procedures in this situation.
Thank you for any guidance you can provide on how to handle this matter effectively.
From India, Mumbai
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Hi,
No action can be initiated by any employer merely because the candidate accepted the offer. Their threatening communication itself can be considered a confession from their end that they are not on the right track. You may reply back to them strongly that there is no question of dual employment as you haven't worked with them, not even for a single day. You may further reply that their allegations are baseless and they had harassed you with false accusations for which they should submit a written apology. Failing to do so will result in legal action being initiated.
From India, Madras
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1015No action can be initiated by any employer merely because the candidate accepted the offer. Their threatening communication itself can be considered a confession from their end that they are not on the right track. You may reply back to them strongly that there is no question of dual employment as you haven't worked with them, not even for a single day. You may further reply that their allegations are baseless and they had harassed you with false accusations for which they should submit a written apology. Failing to do so will result in legal action being initiated.
From India, Madras
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Dear member,
You have received a communication from the future company stating that if you choose not to join their organization, they would pursue a course of action that could lead to dual employment and potentially affect your future employability.
Prima facie, no company can do that. Therefore, when responding to them, please inquire under which act or law they can implement such actions. The threat to tamper with the job candidate's career constitutes criminal intimidation. An action is considered an offense under Section 503 when someone threatens a person with physical harm, damage to their property, or reputation to induce alarm in them.
Before further commentary, we require additional information. Kindly confirm the following:
a) When did you apply to fill the vacancy? What was the post?
b) How many rounds of interviews have taken place, and who were the interviewers?
c) During the interview, did you commit to joining the company or provide any written undertakings?
d) What correspondence occurred between you and the company? Is a recruitment agency involved, and if so, what was their role?
e) Lastly, who issued the threat of dual employment? Who was the signatory, and was it communicated via email or letter?
It seems the recruitment department of the company is eager to fill the vacancy, and due to this urgency, an individual unaware of the consequences has sent you the communication. When responding, address the reply to the Managing Director (MD) and send the letter via Speed Post or Registered Post with Acknowledgement Due (RPAD). However, refrain from rushing to reply; await responses from other members.
Thank you,
Dinesh Divekar
From India, Bangalore
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You have received a communication from the future company stating that if you choose not to join their organization, they would pursue a course of action that could lead to dual employment and potentially affect your future employability.
Prima facie, no company can do that. Therefore, when responding to them, please inquire under which act or law they can implement such actions. The threat to tamper with the job candidate's career constitutes criminal intimidation. An action is considered an offense under Section 503 when someone threatens a person with physical harm, damage to their property, or reputation to induce alarm in them.
Before further commentary, we require additional information. Kindly confirm the following:
a) When did you apply to fill the vacancy? What was the post?
b) How many rounds of interviews have taken place, and who were the interviewers?
c) During the interview, did you commit to joining the company or provide any written undertakings?
d) What correspondence occurred between you and the company? Is a recruitment agency involved, and if so, what was their role?
e) Lastly, who issued the threat of dual employment? Who was the signatory, and was it communicated via email or letter?
It seems the recruitment department of the company is eager to fill the vacancy, and due to this urgency, an individual unaware of the consequences has sent you the communication. When responding, address the reply to the Managing Director (MD) and send the letter via Speed Post or Registered Post with Acknowledgement Due (RPAD). However, refrain from rushing to reply; await responses from other members.
Thank you,
Dinesh Divekar
From India, Bangalore
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Thank you for your responses. Please refer to the answers to the above questions.
a) When did you apply to fill the vacancy? What was the post?
I have not applied to the position; a third-party consultancy approached me through Naukri. I received an email of the job description only via mail.
b) How many rounds of interviews have taken place? Who were the interviewers?
Two rounds of interviews have been completed: one technical and the second with the client. I passed both rounds. HR discussion did not follow the proper channel, and I do not agree with the proposed salary.
c) During the interview, did you commit to joining the company? Have you provided any written undertaking?
No written undertaking has been shared. They have not yet sent me an offer letter, but I have shared my documents for background verification purposes.
d) What kind of correspondence took place between you and the company side? Is the recruitment agency involved in the recruitment? If yes, what was their role between you?
Yes, the recruitment agency has been involved. I received the job description only from them, and they are providing their payroll instead of direct payroll.
e) Lastly, who issued the threat of dual employment?
The recruitment agency threatened me over a phone call. There was no signatory. It was not through email or a letter, just over the phone.
From day one after my selection, they informed me that they do not have the budget but would offer me extra money. I clearly stated that if this was the issue, they should not consider my profile as other companies have offered me more. The third-party recruiter also took interview questions from me to provide to another candidate. Hence, I emailed them to exclude my profile for any offers.
Is this just a false statement, and how can they use it to threaten an employee?
From India, Mumbai
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a) When did you apply to fill the vacancy? What was the post?
I have not applied to the position; a third-party consultancy approached me through Naukri. I received an email of the job description only via mail.
b) How many rounds of interviews have taken place? Who were the interviewers?
Two rounds of interviews have been completed: one technical and the second with the client. I passed both rounds. HR discussion did not follow the proper channel, and I do not agree with the proposed salary.
c) During the interview, did you commit to joining the company? Have you provided any written undertaking?
No written undertaking has been shared. They have not yet sent me an offer letter, but I have shared my documents for background verification purposes.
d) What kind of correspondence took place between you and the company side? Is the recruitment agency involved in the recruitment? If yes, what was their role between you?
Yes, the recruitment agency has been involved. I received the job description only from them, and they are providing their payroll instead of direct payroll.
e) Lastly, who issued the threat of dual employment?
The recruitment agency threatened me over a phone call. There was no signatory. It was not through email or a letter, just over the phone.
From day one after my selection, they informed me that they do not have the budget but would offer me extra money. I clearly stated that if this was the issue, they should not consider my profile as other companies have offered me more. The third-party recruiter also took interview questions from me to provide to another candidate. Hence, I emailed them to exclude my profile for any offers.
Is this just a false statement, and how can they use it to threaten an employee?
From India, Mumbai
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Dear member,
Thank God that I asked clarifying questions in my previous post. The replies to these questions brought out what happened precisely. Otherwise, you had created a sensation. By reading your post, the average reader could assume that the threat of creating a UAN number was from the HR Department of the future company.
Anyway, such threats are vacuous. You may ignore them. Secondly, do you have material evidence of the threat? Could you record the call, and if yes, then could you save the audio file? If you do not have material evidence (audio file of the call), then even if the threat is given, your accusation will become hollow.
To close the matter, you may send an email to the recruiting agency as well as the client stating you would like to withdraw your candidature. Therefore, do not make any correspondence on this subject.
Having said that you deserve feedback also. In your first post, you did not put forth the facts in a proper sequence. If you had placed the facts in chronological order, confusion would not have arisen. You need to improve your written communication skills. Whether it is an email or a business letter or a post in a public forum, write in the following order:
a) Introduction to you and the situation. Write whether you are making requests, providing information, giving instructions, etc.
b) Background information
c) Build on the background information and come to the core subject. Write what were the consequences. Focus on the situation rather than the person. If you find a particular phrase or term or a sentence does not have a reference in (b), then revise it.
d) Write clearly what the other party is expected to do.
e) Closing sentence or paragraph of the post.
Thanks,
Dinesh Divekar
From India, Bangalore
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Thank God that I asked clarifying questions in my previous post. The replies to these questions brought out what happened precisely. Otherwise, you had created a sensation. By reading your post, the average reader could assume that the threat of creating a UAN number was from the HR Department of the future company.
Anyway, such threats are vacuous. You may ignore them. Secondly, do you have material evidence of the threat? Could you record the call, and if yes, then could you save the audio file? If you do not have material evidence (audio file of the call), then even if the threat is given, your accusation will become hollow.
To close the matter, you may send an email to the recruiting agency as well as the client stating you would like to withdraw your candidature. Therefore, do not make any correspondence on this subject.
Having said that you deserve feedback also. In your first post, you did not put forth the facts in a proper sequence. If you had placed the facts in chronological order, confusion would not have arisen. You need to improve your written communication skills. Whether it is an email or a business letter or a post in a public forum, write in the following order:
a) Introduction to you and the situation. Write whether you are making requests, providing information, giving instructions, etc.
b) Background information
c) Build on the background information and come to the core subject. Write what were the consequences. Focus on the situation rather than the person. If you find a particular phrase or term or a sentence does not have a reference in (b), then revise it.
d) Write clearly what the other party is expected to do.
e) Closing sentence or paragraph of the post.
Thanks,
Dinesh Divekar
From India, Bangalore
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