Threatening by HR
6 months ago
Can an HR threaten to ruin my career when there are background checks for future jobs after I put in my papers and I'm serving my notice period? Also telling me there will be huge pay cut and extension of notice period for any type of a leave.
A.Dear Client,
When you tender your resignation following the terms of the contract of employment and serving notice period, the Company can neither change any terms and conditions of your employment nor take any coercive action against you on the report of the background verification check to exploit your future career with threatening of a pay cut and extension of the notice period. Such an action on the part of the employer Company shall be termed as victimization with ulterior motives and unfair labour practice if the matter is litigated. So, in the prevailing situation, on the expiry of your notice period, serve a legal notice to the Company and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then reach out to the concerned Labour Commissioner office for filing a complaint against the Company to redress your grievance over alleged victimization and unfair labour practice. Otherwise, you have to file civil suits against the Company for desired relief in the matter.
When you tender your resignation following the terms of the contract of employment and serving notice period, the Company can neither change any terms and conditions of your employment nor take any coercive action against you on the report of the background verification check to exploit your future career with threatening of a pay cut and extension of the notice period. Such an action on the part of the employer Company shall be termed as victimization with ulterior motives and unfair labour practice if the matter is litigated. So, in the prevailing situation, on the expiry of your notice period, serve a legal notice to the Company and if you are not holding the position of Manager/Supervisor but a workman as defined u/s.2(s) of the Industrial Dispute Act then reach out to the concerned Labour Commissioner office for filing a complaint against the Company to redress your grievance over alleged victimization and unfair labour practice. Otherwise, you have to file civil suits against the Company for desired relief in the matter.
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A.Dear Client,
In India, it is generally not permissible for an employer or HR representative to threaten to ruin your career or make baseless threats related to background checks or pay cuts during your notice period. Such actions may constitute harassment or intimidation, which could be in violation of various labor laws and regulations. During the notice period, both the employer and the employee are expected to follow the terms of the employment contract and applicable labor laws. Any changes to your notice period, such as an extension, should typically be agreed upon by both parties and should be in accordance with the terms of your employment agreement. Any changes to your salary should be in compliance with the terms of your employment contract and applicable labor laws. An employer generally cannot unilaterally reduce your salary without your consent unless there is a specific clause in your contract that allows for it. Threatening to ruin your career or making threats of this nature can be considered harassment. In India, you have rights to a safe and respectful work environment.It's essential to be honest in your job application and during background checks. Misrepresenting your employment history or other information can have legal consequences. However, your previous employer generally cannot interfere with your ability to find new employment by providing inaccurate or harmful information to potential future employers.
In India, it is generally not permissible for an employer or HR representative to threaten to ruin your career or make baseless threats related to background checks or pay cuts during your notice period. Such actions may constitute harassment or intimidation, which could be in violation of various labor laws and regulations. During the notice period, both the employer and the employee are expected to follow the terms of the employment contract and applicable labor laws. Any changes to your notice period, such as an extension, should typically be agreed upon by both parties and should be in accordance with the terms of your employment agreement. Any changes to your salary should be in compliance with the terms of your employment contract and applicable labor laws. An employer generally cannot unilaterally reduce your salary without your consent unless there is a specific clause in your contract that allows for it. Threatening to ruin your career or making threats of this nature can be considered harassment. In India, you have rights to a safe and respectful work environment.It's essential to be honest in your job application and during background checks. Misrepresenting your employment history or other information can have legal consequences. However, your previous employer generally cannot interfere with your ability to find new employment by providing inaccurate or harmful information to potential future employers.
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