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Is Background Verification Mandatory In India?

Background Verification Mandatory in India

A lot of organizations make errors of judgment during the background verification process, and
most of them end up recruiting undeserving candidates. Sometimes, even reputed organizations
are unable to select the right individual for the job post. This clearly shows recruiting the right
individual for the job post is not an easy task. Especially in a business alliance, a well-mannered
and qualified employee is essential as it plays a significant role in maintaining a healthy
relationship between two or more associated organizations.

Big organizations often fail to give too much time and attention to the background verification process, which eventually results in hiring an undeserving employee. However, various agencies provide top-notch services regarding hiring a privileged and competent individual for the organizations; one of these agencies is Integritas Global Services. We at Integritas global services understand the risk involved in hiring an employee without proper background screening. So without wasting much time lets discuss about Is Background Verification Mandatory In India?

Is Background Verification Mandatory In India?

In India, there is no dedicated government law for Background Verification. The biggest challenge while conducting background verification is non-compliance with privacy norms. In India, the background verification process is still a new concept for various firms. There is still a long way to go before background verification becomes mandatory during hiring processes in India.

At present, only a few prominent and reputed organizations undertake background verification seriously for the standard job post. And most firms rely on informal checks and personal references while hiring employees. However, it is imperative to verify a potential candidates profile. For that, proper background verification is an essential step to consider while recruiting employees to maintain the organizations integrity and protect the organizations privacy. It is necessary to verify the profile of the potential candidate.

Some firms blindly trust their HR department for background verification. And sometimes, the
HR department tends to be ticked off only after running educational and prior experience
background checks, due to which firms experience an unhealthy workplace. Therefore every
organization should consider background verification an integral part of the hiring process. In
India, background verification differs based on the organization and the job post.

A well-programmed background verification involves an employees educational qualifications,
criminal records, previous employment records,Inquiring about past employers; experience, and identity check including candidates drivers license, Aadhar card, Voter ID or PAN card.

In India, only the leading IT companies have adapted background verification as an integral
Part of the hiring process. These top-notch IT companies usually get associated with third-party agencies or in-house departments to conduct well-programmed background screening. Instead
of doing background research, some organizations conduct intense interviews to verify
candidates; profiles.

Some multinational companies in India have raised their policies and standards for background
checks for senior-level job posts.

They even inquire about the candidates reputation in the previous workplace. India has no legal policies on conducting background verification; however, it differs from firm to firm. For instance, in the Reserve Bank of India, it is mandatory to conduct background checks for each potential employee. Clearly, no candidates with a criminal background should be considered potential employees in the Reserve Bank of India. According to Article 21 of the Constitution of India, every individual of India has the right to live with liberty and dignity. Every individual in India has the right to protect their private information due to no legal directives for conducting background verification in India. However, background verification is mandatory in the case of banks and a few other firms.

Due to the privacy norms, a potential recruit has the right to claim the employers for running background research without their consent, making it very challenging for the recruiters to run a
background screening. However, India has started changing its background verification policies
and privacy norms. Over the past years, the activity of background verification has been
accelerated. Because none of the organizations would like to become a victim of lousy hiring as
it can revoke privacy policy and can cause irreversible damage to the organization. Eventually, it
will lead to lowered productivity and unhealthy workplace behaviour.

Here are a couple of reasons to consider background verification as a mandatory part of the hiring process:

● A well-mannered employee will bring about a healthy and secure workplace where other
coworkers can feel at ease and inspired.
● It will help to ensure transparency on both fronts.
● A good hire will maximize productivity in the work environment.

Is it legal to operate Background verification in India?

In India, there are no specific rules regarding background screening. It is legal to operate
Background verification in India. However, employers can not run a background check without
the candidates consent in India, even though it is largely unregulated.

Here is a list of rules one needs to follow to run a background screening:

● In India, the organization or the agency should have ISO 27001 certification in order to
conduct background verification for employment. Without the required certification, it is
illegal to operate Background verification against any Individual.
● According to Article 21 of the Constitution of India, every individual of India has the right
to live with liberty and dignity, due to which information regarding the candidates
financial background, medical information, and biometric data is private. Therefore it is
illegal for employers to conduct a background verification for the information mentioned
above without the candidates permission.
● Employers can run a background verification for scanning potential employees social
media without consent.
● In an organization for high job posts or bank-related jobs, the recruiters can conduct a
deep background verification from the inside out. Hiring an employee without a
background check for a job requiring handling money data can be risky.

Conclusion:

In India, operating background verification is not mandatory, and there are no legal policies
regarding background verification. However, employers must obtain a proper certificate to run
background screening. They should also have the candidates consent for conducting
background verification. Due to various privacy norms in India, background screening without
permission will be considered unethical. Top-notch IT companies such as Tata Consultancy
Services, Infosys Technologies and Wipro conduct deep research before hiring any employee. I Hope now you completely understand about the topic “Is Background Verification Mandatory In India?” getting background screening from Integritas can save you a lot of time and help you focus on other management activities. So, what are you waiting for? get integritas services today

 

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