I have received an offer from a consulting firm, NDP Pvt Ltd., to work for the government firm DFCCIL. They are now requesting an affidavit which seems questionable, especially the part regarding criminal proceedings in the affidavit below. Could you please advise me on whether I should sign it, or if it is legal?
The exact contents of the affidavit are as follows:
AFFIDAVIT
I, __________________, a resident of _______________________________, (Copy of __________________ enclosed as proof) do hereby solemnly affirm and declare that the details provided and documents submitted in support of the claims made in my CV are true, bonafide, and legally sound to the best of my knowledge and belief.
I unconditionally undertake that no false information or suppression of facts has occurred, and if any such falsification or suppression is discovered, I am subject to appropriate action as deemed necessary by NDP.
I also agree that during the period of CV approval by the client (DFCCIL) and thereafter until the assignment is completed, I will not apply to any other organization without prior written notice to NDP. The notice period should be at least 2 months from the date of written notification to NDP.
Failure to comply with the above terms may result in NDP and/or DFCCIL taking action, including but not limited to:
1. Filing a police complaint/FIR to initiate criminal proceedings for fraud against NDP Pvt. Ltd. and DFCCIL, with the intention of disrupting the execution of a project of national importance.
2. Barring the undersigned from participating in any rail-based projects and from employment with NDP in any capacity.
3. Informing other private, government, authorities, and public sector units for the debarring of the undersigned.
I hope the corrections and formatting changes are satisfactory. Let me know if you need any further assistance.
From India, Delhi
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2The exact contents of the affidavit are as follows:
AFFIDAVIT
I, __________________, a resident of _______________________________, (Copy of __________________ enclosed as proof) do hereby solemnly affirm and declare that the details provided and documents submitted in support of the claims made in my CV are true, bonafide, and legally sound to the best of my knowledge and belief.
I unconditionally undertake that no false information or suppression of facts has occurred, and if any such falsification or suppression is discovered, I am subject to appropriate action as deemed necessary by NDP.
I also agree that during the period of CV approval by the client (DFCCIL) and thereafter until the assignment is completed, I will not apply to any other organization without prior written notice to NDP. The notice period should be at least 2 months from the date of written notification to NDP.
Failure to comply with the above terms may result in NDP and/or DFCCIL taking action, including but not limited to:
1. Filing a police complaint/FIR to initiate criminal proceedings for fraud against NDP Pvt. Ltd. and DFCCIL, with the intention of disrupting the execution of a project of national importance.
2. Barring the undersigned from participating in any rail-based projects and from employment with NDP in any capacity.
3. Informing other private, government, authorities, and public sector units for the debarring of the undersigned.
I hope the corrections and formatting changes are satisfactory. Let me know if you need any further assistance.
From India, Delhi
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Please guide me if this is a valid ask as it looks quite one sided . Should I sign it pls tell.
From India, Delhi
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From India, Delhi
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I don't think that there is anything illegal in it. There can be criminal proceedings if you have concealed any facts or if you have submitted a false CV. What is wrong in it? If you have suppressed any material facts, you should be convicted, no doubt, and if you are sure that whatever has been mentioned in the CV is true, why should you worry?
Now regarding the last declaration wherein you declare that you will not submit the CV for any other organization, you need not worry because the law of the land says that nobody shall be compelled to work for anybody and just by undertaking that you will not submit the CV for others, you are not getting tied up but you can just forget it. Again, after mobilization also, there is a clause that you can move by giving the DFCCIL two months' notice.
Coming to the consequences stated, it is okay that if you have suppressed any facts in the CV, you should face criminal proceedings. You should also get debarred from similar projects and for employment with NDP. This should be like this only for all the cases. If I have hired a person and later found that he had suppressed some facts in his CV, then I will certainly send him out and will never consider him for any other employment in my organization. I will also lodge a criminal case if I have incurred any loss due to his employment. Though I cannot say to other firms that you should not hire this employee, I can send a negative report when a background verification comes to me. If I had committed any cheating, I should not expect to get employment.
Therefore, I do not find that the affidavit is one-sided, but I would say that you should accept it.
Madhu.T.K
From India, Kannur
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Now regarding the last declaration wherein you declare that you will not submit the CV for any other organization, you need not worry because the law of the land says that nobody shall be compelled to work for anybody and just by undertaking that you will not submit the CV for others, you are not getting tied up but you can just forget it. Again, after mobilization also, there is a clause that you can move by giving the DFCCIL two months' notice.
Coming to the consequences stated, it is okay that if you have suppressed any facts in the CV, you should face criminal proceedings. You should also get debarred from similar projects and for employment with NDP. This should be like this only for all the cases. If I have hired a person and later found that he had suppressed some facts in his CV, then I will certainly send him out and will never consider him for any other employment in my organization. I will also lodge a criminal case if I have incurred any loss due to his employment. Though I cannot say to other firms that you should not hire this employee, I can send a negative report when a background verification comes to me. If I had committed any cheating, I should not expect to get employment.
Therefore, I do not find that the affidavit is one-sided, but I would say that you should accept it.
Madhu.T.K
From India, Kannur
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Your prospective employer cannot bind you like this through an individual affidavit. Any agreement with mutually agreaable terms should be signed by both the employee and the employer.
From India, Delhi
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From India, Delhi
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A company has all the right to demand true and correct information from a candidate, but it has no right and it can't force anyone to give up their rights guaranteed under the Constitution, such as freedom of employment.
From India, Bangalore
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From India, Bangalore
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Dear Madhu sir,
I absolutely agree with you. This is not an agreement; this is a declaration that has to be signed by the employee only. There is no harm in signing this declaration; however, no company can stop you from taking employment elsewhere when you fulfill the terms and conditions of the appointment letter.
From India, Delhi
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I absolutely agree with you. This is not an agreement; this is a declaration that has to be signed by the employee only. There is no harm in signing this declaration; however, no company can stop you from taking employment elsewhere when you fulfill the terms and conditions of the appointment letter.
From India, Delhi
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Madhu ji and Malik ji,
Sorry to differ with both of you. You may like to reread a sort of agreement/undertaking listed below the 2nd paragraph of the declaration, where the text after the 2nd paragraph states, "I also hereby AGREE that during the period of CV approval by the client (DFCCIL)." Every sentence of the agreement/undertaking has to be examined with its legal implications.
By the agreement/undertaking, the candidate even before his employment tends to bind himself even during the period of approval of CV and employment, according to which he agrees to Police complaints/FIR against him also for criminal proceedings, where no candidate is supposed to involve himself in any criminal activity against his prospective employer expecting to provide employment.
The very first term lays down for "Police complaint/FIR for initiating criminal proceedings for fraud against NDP Pvt. Ltd. & DFCCIL, with the intent to disrupt the execution of the project of national importance." So, when the candidate has not yet been taken into employment, there can be two possibilities for including this term, such as, (1) the company would have been involved in certain illegal activities and if the candidate happens to know, he should be debarred from bringing that to the law enforcement agencies; or (2) if the candidate is not called for a longer time, he is kept bound to wait for an indefinite period and not to apply anywhere else, or if on call he does not join the company, he may fraudulently be tried to be implicated in some hypothetical fraud against the company to compel him to join the company if unwilling by that time.
Similarly, the 2nd and 3rd terms are also malicious in nature to debar the candidate from other employment or to get his name included in the blacklist even before the approval of his CV, let alone employment in the company.
So, by such type of agreement/undertaking, the candidate becomes totally helpless to do anything before the company employs him, and when an FIR is lodged, even being innocent, he would be treated as a criminal, and all his pleas are likely to be treated as an afterthought even with the police after an FIR is lodged against him.
As regards the advice of Madhu that states, "you need not worry because the law of the land says that nobody shall be compelled to work for anybody and just by undertaking that you will not submit the CV for others, you are not getting tied up but you can just forget it," there is certainly a cause for worry. I hope Madhu may appreciate that the law appears only after the damage is done on the happening of an incident, i.e., the FIR lodged against him and action taken by the company and police. The law takes care of justice only after several years of such happenings after due trial in the courts of law. So, the law does not recognize any plea until the prosecution is proved thoroughly wrong in its action, and that takes several years when the respondent happens to lose everything during a criminal trial that includes opportunities, prime time, money, credibility, and trustworthiness. Once a candidate is tainted, no company likes to take him in employment.
SO, PRECAUTION IS ALWAYS BETTER THAN CURE, particularly for a layman who does not know the nitty-gritty of law and its processes.
From India, Delhi
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Sorry to differ with both of you. You may like to reread a sort of agreement/undertaking listed below the 2nd paragraph of the declaration, where the text after the 2nd paragraph states, "I also hereby AGREE that during the period of CV approval by the client (DFCCIL)." Every sentence of the agreement/undertaking has to be examined with its legal implications.
By the agreement/undertaking, the candidate even before his employment tends to bind himself even during the period of approval of CV and employment, according to which he agrees to Police complaints/FIR against him also for criminal proceedings, where no candidate is supposed to involve himself in any criminal activity against his prospective employer expecting to provide employment.
The very first term lays down for "Police complaint/FIR for initiating criminal proceedings for fraud against NDP Pvt. Ltd. & DFCCIL, with the intent to disrupt the execution of the project of national importance." So, when the candidate has not yet been taken into employment, there can be two possibilities for including this term, such as, (1) the company would have been involved in certain illegal activities and if the candidate happens to know, he should be debarred from bringing that to the law enforcement agencies; or (2) if the candidate is not called for a longer time, he is kept bound to wait for an indefinite period and not to apply anywhere else, or if on call he does not join the company, he may fraudulently be tried to be implicated in some hypothetical fraud against the company to compel him to join the company if unwilling by that time.
Similarly, the 2nd and 3rd terms are also malicious in nature to debar the candidate from other employment or to get his name included in the blacklist even before the approval of his CV, let alone employment in the company.
So, by such type of agreement/undertaking, the candidate becomes totally helpless to do anything before the company employs him, and when an FIR is lodged, even being innocent, he would be treated as a criminal, and all his pleas are likely to be treated as an afterthought even with the police after an FIR is lodged against him.
As regards the advice of Madhu that states, "you need not worry because the law of the land says that nobody shall be compelled to work for anybody and just by undertaking that you will not submit the CV for others, you are not getting tied up but you can just forget it," there is certainly a cause for worry. I hope Madhu may appreciate that the law appears only after the damage is done on the happening of an incident, i.e., the FIR lodged against him and action taken by the company and police. The law takes care of justice only after several years of such happenings after due trial in the courts of law. So, the law does not recognize any plea until the prosecution is proved thoroughly wrong in its action, and that takes several years when the respondent happens to lose everything during a criminal trial that includes opportunities, prime time, money, credibility, and trustworthiness. Once a candidate is tainted, no company likes to take him in employment.
SO, PRECAUTION IS ALWAYS BETTER THAN CURE, particularly for a layman who does not know the nitty-gritty of law and its processes.
From India, Delhi
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Dear Friend,
As this is a government undertaking, it will be a good opportunity if the job is of a permanent nature. My understanding of the third paragraph is that after submitting the CV, if you change your mind, then you should submit a 2-month notice. Normally, we will be desirous of getting a government job, so just proceed.
Even though our law never accepts bonded labor, nobody can hold you if you are willing to join another company provided proper notice is given as per the company policy/standing order/agreement.
As per Section 368 of the Indian Penal Code, if any person or institute holds back any document or uses any legal document or threatens any legal suits or actions, and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of the law of the land.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will just because he has signed a contract with the employer. The court has also stated that the employer cannot hold back any personal documents of the employees as they are earned by the employees, and the company has no claim on the same.
But I agree with PS DHINGRA's intention. If any legal action is initiated against you, it will spoil your career.
So follow the rules (2-month notice)... Best of luck.
From India, Coimbatore
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As this is a government undertaking, it will be a good opportunity if the job is of a permanent nature. My understanding of the third paragraph is that after submitting the CV, if you change your mind, then you should submit a 2-month notice. Normally, we will be desirous of getting a government job, so just proceed.
Even though our law never accepts bonded labor, nobody can hold you if you are willing to join another company provided proper notice is given as per the company policy/standing order/agreement.
As per Section 368 of the Indian Penal Code, if any person or institute holds back any document or uses any legal document or threatens any legal suits or actions, and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of the law of the land.
The Supreme Court of India has clearly stated that no employee can be forcefully employed against his will just because he has signed a contract with the employer. The court has also stated that the employer cannot hold back any personal documents of the employees as they are earned by the employees, and the company has no claim on the same.
But I agree with PS DHINGRA's intention. If any legal action is initiated against you, it will spoil your career.
So follow the rules (2-month notice)... Best of luck.
From India, Coimbatore
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Legal action as per this agreement is limited to false information in the CV regarding qualifications and experience. In such a case, the employer can or should initiate legal action even if you have not signed an affidavit like this. This is because when entering into an employment contract, you are expected to disclose your actual qualifications, etc., and any false information will render the contract void.
Madhu.T.K
From India, Kannur
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Madhu.T.K
From India, Kannur
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Dear Shri L.K. Saravanan,
Hope, you would like to review your reply, specifically that states, "As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land."
IPC/368 has no relation, whatsoever, with "any person or institute holds back any document or any use any legal document or threatens any legal suits" etc. The section relates to "wrongfully concealing or keeping in confinement, kidnapped or abducted person."
Section 368 states, as follows:
"Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.?
From India, Delhi
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Hope, you would like to review your reply, specifically that states, "As per Sec 368 of Indian Penal Code if any person or institute holds back any document or any use any legal document or threatens any legal suits or actions and thus forces a person to perform any act against his wishes or which is illegal or wrong as per the statute of Law of the land."
IPC/368 has no relation, whatsoever, with "any person or institute holds back any document or any use any legal document or threatens any legal suits" etc. The section relates to "wrongfully concealing or keeping in confinement, kidnapped or abducted person."
Section 368 states, as follows:
"Wrongfully concealing or keeping in confinement, kidnapped or abducted person.—Whoever, knowing that any person has been kidnapped or has been abducted, wrongfully conceals or confines such person, shall be punished in the same manner as if he had kidnapped or abducted such person with the same intention or knowledge, or for the same purpose as that with or for which he conceals or detains such person in confinement.?
From India, Delhi
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Enforcement of negative covenants in employment terms.pdf