• Absconding from a company

Is it true that some IT companies may blacklist you in nascom nsr if you abscond and this can affect if i get hired in some other company and while they are undergoing my background verification they might come to know about it and terminate my offer.

I have joined the company 2 weeks back and they havent paid me any salary
Asked 4 years ago in Labour

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17 Answers

1) It depends upon which company you had worked and is it ISO certified company, does company has such type of reputation in the market.

2) Now its not like that all the companies follow NASSCOM rules. But if you have 3 month notice period in offer letter than you need to follow it. Thats it, there is no scope for legal action as they shifted notice period from one month to three month.

3) You can contact HR for your query, some company runs payment cycle 20 to next 19 and new joinee's salary are paid by cheque. You just have joined them two weeks before you get paid in next month.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

1. Blacklisting of an employee is not in vogue in private sector in India as yet nor in IT Sector.

2. Moreover it has no legal basis st all and hence no company can pass blanket order of blacklisting unless it has direct connection with the dispute.

3 So even if you leave a company without serving notice period you can always join in another company if they are ready to engage you without the release letter.

4. In such case even if the previous company blacklist you it will have no adverse impact on you .

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

It is true that IT companies may declare you as absconder if you leave the organisation without proper notice

2) nascom would be informed that you re declared an absconder

3) in back ground check your employer may come to know about your earlier employment and fact that you have been declared as an absconder

4) your services may be terminated

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Do not worry as they can blacklist you in their own company which eventually happen to every employee who quit before the Bond period but it can not blacklist you in other companies.

It is an empty thereat and you better ignore it.

Devajyoti Barman
Advocate, Kolkata
22515 Answers
402 Consultations

5.0 on 5.0

1) No they can't do like that and secondly you have full rights to work in other company's that nobody can deny.

2) You have to pay only training expenses of tbe company and not 1 lakh rupees, for only training cost may be applicable. Which they had spend on you for training period.

Ganesh Kadam
Advocate, Pune
12335 Answers
191 Consultations

4.9 on 5.0

Hello sir , they can only recover the amount as mentioned in the agreement .. However , for blacklisting one has to establish that it is a regular habit off employee

Hemant Chaudhary
Advocate, Gurgaon
4619 Answers
67 Consultations

4.9 on 5.0

Yes, they may do so in case you violate the employment/service agreement which you enter with them.

Therefore, resignation must fully comply with the terms of the termination in the employment agreement.

Vibhanshu Srivastava
Advocate, New Delhi
9426 Answers
245 Consultations

5.0 on 5.0

Sir blacklisting is hard and difficult word at maximum they can share a negative feedback in nascom member companies if asked.

There can be no.restriction on employment under indian constitution the company can institute a proceeding agaisnt you in civil.court and can recover damages but it cannot restrict your future employment.

Shubham Jhajharia
Advocate, Ahmedabad
25516 Answers
179 Consultations

5.0 on 5.0

Hello,

If the companydoes not have required license , then they cannot blacklist you.

Regards

Swarupananda Neogi
Advocate, Kolkata
2941 Answers
6 Consultations

4.7 on 5.0

Dear Madam,

What you said is true but in your case it never happen, since yours is a very small company.

Blacklisting may be a strong word - but definitely negative feedback can be shared. Definitely candidates have the freedom to decide what is good for them. But, unfortunately there are candidates who go back on their words to the employers on offers or try the new company for a few days and then disappear. Similarly some companies also make spurious job offers and do not honor them subsequently. So, Nasscom (and a few other start-ups like iAccept) are trying to help both genuine companies and genuine candidates through such initiative - which is essentially based on sharing feedback.

Kishan Dutt Kalaskar
Advocate, Bangalore
6050 Answers
381 Consultations

4.8 on 5.0

1. If you leave the Company before the bond period, the company will not issue release letter to you for which you won't be able to get employment in any I.T. Company.

2. There is unwritten understanding with the I.T. Companies by which ordinarily they do not accept employees from other I.T companies without release letter.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

1. Yes, your bond period is just one year.

2. If you leave with in that period, you won't be issued any release letter from your Company for which no reputed I.T.Company will recruit you.

3. You can then join a very low paying start up companies and there after join a bigger company by properly resigning from the said start up company after collecting release letter from them.

Krishna Kishore Ganguly
Advocate, Kolkata
26602 Answers
726 Consultations

5.0 on 5.0

No, they can’t do so as it is something beyond the jurisdiction of their rights.

They can only file a labour complain against them which i ghoul has they may not do as to bring their resources in speed for such a small working period.

And in case if they do then give some valid reason for that in a mail to them.

In fact I advice you to if you have any doubt on their intentions then to no to join at least for 2 moths in any company if you can avail the loss only.

Sanjay Baniwal
Advocate, South Delhi
5464 Answers
13 Consultations

5.0 on 5.0

The IT companies carry out background verification of their employees either before the appointment or immediately after they join the company.

The verification is not a routine or random, they will be serious about it.

The blacklisting of the candidate are generally not done, however the employer may hesitate to recruit the candidate.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

If you are so much worried about getting blacklisted, you may adopt the proper procedures to resign the job instead of running away from it.

T Kalaiselvan
Advocate, Vellore
78097 Answers
1543 Consultations

5.0 on 5.0

you would be black listed if you leave the company without serving the notice period

Ajay Sethi
Advocate, Mumbai
87938 Answers
6207 Consultations

5.0 on 5.0

Your question: Is it true that some IT companies may blacklist you in nascom nsr if you abscond.

Answer: Yes they may blacklist you. Also they could carry out disciplinary proceedings against you and pass orders in respect of that.

There is good possibility they may send you a legal notice for the service agreement signed by you. You may need to engage a lawyer if the matter goes to court. Otherwise nothing major can happen.

Gowaal Padavi
Advocate, Mumbai
1920 Answers
5 Consultations

5.0 on 5.0

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