BACKGROUND VERIFICATION & FALSE INFORMATION POLICY

SECTION 1 - PURPOSE AND POLICY STATEMENT

1.1 Policy Objectives

1.1.1 This policy establishes: (a) Employee obligation to provide truthful and accurate information (b) Background verification procedures and scope (c) Categories of information subject to verification (d) Consequences of false declarations or misrepresentation (e) Immediate termination for fraudulent information (f) Recovery mechanisms and legal remedies

1.2 Importance of Truthful Information

1.2.1 Accurate information essential for: (a) Making informed hiring decisions (b) Assessing candidate qualifications and suitability (c) Ensuring workplace safety and security (d) Compliance with legal and client requirements (e) Maintaining trust and integrity in employment relationship

1.2.2 False information undermines: (a) Hiring process integrity

(b) Trust between employer and employee

(c) Workplace safety and security

(d) Company's reputation with clients

SECTION 2 - EMPLOYEE OBLIGATIONS

2.1 Duty to Provide Accurate Information

2.1.1 Employees and candidates must provide:

(a) True and accurate information in all employment-related documents

(b) Complete information without omissions of material facts

(c) Genuine documents that are authentic and not forged or fabricated

(d) Timely updates if any information changes during employment

2.1.2 Information must be accurate regarding:

(a) Educational qualifications and degrees

(b) Employment history and experience

(c) Professional certifications and licenses

(d) Personal identity and contact details

(e) Criminal record or legal proceedings

(f) Health and medical fitness (if relevant)

(g) References and recommendations

(h) Any other information requested during hiring or employment

2.2 Prohibition on False Information

2.2.1 Employees shall NOT:

(a) Provide false, misleading, or inaccurate information

(b) Submit forged, fabricated, or altered documents

(c) Misrepresent qualifications, experience, or achievements

(d) Conceal material information that would affect employment

(e) Use someone else's credentials or identity

(f) Fabricate employment history or references

(g) Exaggerate skills, responsibilities, or achievements

(h) Hide criminal record, ongoing litigation, or legal issues

2.3 Duty to Correct Errors

2.3.1 If employee discovers error or inaccuracy in submitted information:

(a) Must immediately notify HR in writing

(b) Provide corrected accurate information

(c) Explain circumstances of error (innocent mistake vs. intentional)

(d) Cooperate in rectification process

2.3.2 Prompt voluntary correction may mitigate consequences if:

(a) Error was innocent and not material

(b) Disclosed before verification discovers discrepancy

(c) Correction made in good faith

SECTION 3 - BACKGROUND VERIFICATION SCOPE

3.1 Pre-Employment Verification

3.1.1 Before or immediately after joining, Company verifies:

(a) Identity Verification:

• Government-issued ID proof (Aadhaar, PAN, Passport, Voter ID)
• Address proof verification
• Photograph and signature verification

(b) Educational Qualification:

• Degrees, diplomas, certificates
• Verification from educational institutions
• Marksheets and transcripts
• Professional certifications

(c) Employment History:

• Previous employers and tenure
• Designation and responsibilities
• Reason for leaving
• Salary and compensation
• Employment gaps explanation

(d) Criminal Record Check:

• Police verification or court record search
• Pending criminal cases or convictions
• Address verification through local police

(e) Reference Checks:

• Professional references from previous employers
• Personal references (if applicable)
• Character references

(f) Credit Check (if applicable):

• Financial background for sensitive roles
• Credit score and debt obligations
• Bankruptcy or insolvency history

3.1.2 Verification may be conducted by:

(a) Company HR team internally

(b) Third-party background verification agencies

(c) Direct contact with previous employers or institutions

3.2 Continuous Verification During Employment

3.2.1 Company may conduct ongoing verification:

(a) Periodic re-verification of credentials

(b) Verification upon promotion or role change

(c) Random audits of employee information

(d) Verification triggered by suspicion or discrepancies

3.2.2 Employees must cooperate with ongoing verification requests.

3.3 Consent for Verification

3.3.1 Candidates and employees consent to:

(a) Company conducting background verification

(b) Contacting previous employers, institutions, and references

(c) Third-party agencies accessing records and databases

(d) Verification of information through official channels

3.3.2 Consent provided through:

(a) Signed consent form during application

(b) Acknowledgment in offer letter or employment agreement

(c) Annual compliance declarations

SECTION 4 - VERIFICATION PROCEDURES

4.1 Educational Qualification Verification

4.1.1 Verification methods:

(a) Direct Contact: Contacting educational institution registrar

(b) Document Verification: Verifying certificates, marksheets, degrees

(c) Online Verification: Using institution online verification portals

(d) Third-Party Services: Using verification agencies or databases

4.1.2 Information verified:

(a) Enrollment and attendance records

(b) Degree or diploma awarded and date

(c) Specialization and major subjects

(d) Grades, percentage, or CGPA

(e) Authenticity of documents and seals

4.2 Employment History Verification

4.2.1 Verification with previous employers:

(a) Dates of employment (joining and leaving)

(b) Designation and department

(c) Roles and responsibilities

(d) Reason for separation (resigned, terminated, etc.)

(e) Eligibility for rehire

(f) Salary and compensation (if disclosed by candidate)

4.2.2 Methods:

(a) HR reference check calls or emails

(b) Verification through official HR contact numbers

(c) Relieving letter and experience certificate verification

(d) Salary slip verification (if provided)

4.2.3 Employment gaps:

(a) Candidate must explain gaps > 3 months

(b) Verification of explanation (personal reasons, travel, etc.)

(c) Unexplained or suspicious gaps investigated

4.3 Criminal Record Verification

4.3.1 Criminal background check:

(a) Police verification certificate from local police station

(b) Court record search for criminal cases

(c) Database checks (if available)

(d) International criminal checks (if candidate worked abroad)

4.3.2 Disclosures required:

(a) Pending criminal cases or FIRs

(b) Convictions and sentences

(c) Ongoing investigations

(d) Traffic violations generally not considered unless serious

4.3.3 Impact on employment:

(a) Serious criminal convictions = ineligibility for employment

(b) Pending cases assessed case-by-case

(c) Minor or old cases may not disqualify if disclosed

(d) Concealment of criminal record = automatic disqualification

4.4 Reference Checks

4.4.1 Professional references:

(a) Contact previous managers or supervisors

(b) Verify work performance and conduct

(c) Assess suitability for current role

(d) Understand reason for leaving

4.4.2 Questions asked:

(a) Employment dates and role

(b) Performance and work quality

(c) Strengths and areas for development

(d) Professional conduct and integrity

(e) Eligibility for rehire

(f) Any concerns or red flags

4.4.3 Reference check issues:

(a) If references unreachable or unresponsive, alternate references requested

(b) Negative references investigated further

(c) Discrepancies between candidate claims and reference feedback noted

SECTION 5 - DISCREPANCIES AND FINDINGS

5.1 Handling Discrepancies

5.1.1 If verification reveals discrepancies:

(a) Candidate/employee notified of findings

(b) Opportunity provided to explain discrepancy

(c) Supporting documents or evidence requested

(d) Investigation conducted if explanation inadequate

5.1.2 Types of discrepancies:

(a) Minor: Small date differences, typos, rounding of percentages

• May be clarified and accepted if reasonable

(b) Material: Significant false information affecting qualifications

• Results in rejection or termination

(c) Fraudulent: Forged documents, fabricated employment

• Immediate disqualification/termination and legal action

5.2 Adverse Verification Outcomes

5.2.1 For Candidates (Pre-Employment):

(a) Offer withdrawn if discrepancies material or fraudulent

(b) Candidate informed in writing

(c) Candidate not eligible for future employment

(d) Information may be shared with industry if fraud severe

5.2.2 For Employees (Post-Joining):

(a) Employment terminated immediately without notice

(b) Termination for fraud/misrepresentation

(c) Recovery of compensation paid (see Section 6)

(d) Legal action for fraud (see Section 7)

SECTION 6 - CONSEQUENCES OF FALSE INFORMATION

6.1 Immediate Termination Without Notice

6.1.1 False information results in:

(a) Immediate termination of employment

(b) Without notice period - no advance notice given or required

(c) No payment in lieu of notice - notice period amount forfeited

(d) For cause termination - recorded as termination for misconduct

6.1.2 Rationale:

(a) False information = fraud inducing employment contract

(b) Breach of trust and good faith

(c) Employment obtained through misrepresentation is voidable

(d) Serious misconduct warranting summary dismissal

6.2 Recovery of Compensation Paid

6.2.1 Company may recover:

(a) Entire compensation paid during employment if employment obtained through fraud

(b) Rationale: Employee not entitled to compensation for fraudulently obtained position

(c) Salary, bonuses, allowances, benefits paid during tenure

(d) Training costs if training provided

6.2.2 Recovery mechanism:

(a) Deduction from final settlement (if any)

(b) Demand notice for payment within 15 days

(c) Civil suit for recovery if employee fails to pay

(d) Court judgment and execution against employee's assets

6.2.3 Recovery amount depends on:

(a) Severity of false information

(b) Duration of fraud (how long employment continued)

(c) Whether fraud was intentional or negligent

(d) Actual loss or damage caused to Company

6.3 Withholding of Documents and Certificates

6.3.1 Company may withhold:

(a) Relieving letter or experience certificate

(b) Salary slips or employment proof

(c) Any certificates or documents

(d) Final settlement until recovery complete

6.3.2 Negative reference:

(a) Prospective employers informed of termination for false information

(b) Character or integrity concerns disclosed

(c) Not eligible for rehire

6.4 Forfeiture of Benefits

6.4.1 Employee forfeits:

(a) Notice period payment

(b) Bonuses, incentives, or variable pay

(c) Gratuity (if termination within 5 years)

(d) Leave encashment (at Company's discretion)

(e) Any other benefits or entitlements

SECTION 7 - LEGAL CONSEQUENCES

7.1 Civil Liability

7.1.1 Company may file civil suit for:

(a) Fraud and Misrepresentation: Under Indian Contract Act, 1872

(b) Breach of Contract: Employment contract obtained through fraud is voidable

(c) Recovery of Damages: Compensation paid plus consequential damages

(d) Injunctive Relief: Preventing employee from using false credentials elsewhere

7.1.2 Damages claimed:

(a) Compensation paid during fraudulent employment

(b) Recruitment and training costs

(c) Loss or damage caused by employee's incompetence

(d) Legal fees and court costs

(e) Reputational damage

7.2 Criminal Prosecution

7.2.1 Serious cases may result in criminal charges under:

(a) Indian Penal Code, 1860:

• Section 415: Cheating
• Section 420: Cheating and dishonestly inducing delivery of property
• Section 463: Forgery
• Section 471: Using forged document as genuine
• Section 468: Forgery for purpose of cheating

(b) Punishment:

• Imprisonment for up to 7 years
• Fine
• Both imprisonment and fine

7.2.2 Criminal prosecution pursued for:

(a) Forged educational certificates or degrees

(b) Fabricated employment letters or relieving certificates

(c) Identity fraud or impersonation

(d) Use of fake documents to obtain employment

(e) Systematic fraud causing significant loss

7.3 Reporting to Authorities

7.3.1 Company may report fraud to:

(a) Police for criminal investigation and FIR

(b) Educational institutions if fake degrees used

(c) Professional certification bodies if credentials misrepresented

(d) Regulatory authorities if applicable

(e) Industry forums or associations

SECTION 8 - EMPLOYEE RIGHTS AND FAIRNESS

8.1 Opportunity to Explain

8.1.1 Before termination for false information:

(a) Employee informed of discrepancy or adverse finding

(b) Given reasonable time (3-5 days) to provide explanation

(c) Allowed to submit supporting documents or evidence

(d) Explanation considered fairly and objectively

8.1.2 Termination only if:

(a) False information confirmed after employee's explanation

(b) Explanation inadequate or not credible

(c) False information material and affects employment suitability

8.2 Distinction Between Errors and Fraud

8.2.1 Innocent mistakes vs. intentional fraud:

(a) Innocent Errors:

• Minor discrepancies (date typos, rounding)
• Genuine mistakes without intent to deceive
• Promptly corrected upon discovery
• May be excused if not material

(b) Intentional Fraud:

• Deliberate false information
• Forged or fabricated documents
• Concealment of material facts
• Results in termination

8.2.2 Burden of proof on Company to establish fraud.

8.3 Confidentiality of Verification

8.3.1 Verification process maintained confidentially:

(a) Findings shared only with authorized personnel

(b) Employee's privacy respected to extent possible

(c) Information not disclosed publicly unless legal requirement

SECTION 9 - SPECIAL SCENARIOS

9.1 Discrepancies Discovered Post-Probation

9.1.1 If false information discovered after probation confirmation:

(a) Termination still applicable even if years later

(b) No time limit on action against fraudulent information

(c) Fraud vitiates employment contract from inception

9.2 Self-Disclosure After Joining

9.2.1 If employee voluntarily discloses false information after joining:

(a) Considered on case-by-case basis

(b) Early disclosure may result in lenient treatment

(c) Material fraud still likely results in termination

(d) Minor misstatements may be corrected

9.3 Third-Party Verification Errors

9.3.1 If verification agency provides incorrect adverse report:

(a) Employee has right to dispute findings

(b) Company re-verifies through alternate sources

(c) No adverse action until verified independently

(d) Employee not penalized for agency errors

SECTION 10 - CANDIDATE AND EMPLOYEE OBLIGATIONS

10.1 Documentation Requirements

10.1.1 Candidates must submit:

(a) Government-issued photo ID proof

(b) Educational certificates and marksheets (originals for verification)

(c) Experience letters and relieving letters from all previous employers

(d) Salary slips (last 3-6 months from previous employer)

(e) Reference contact details (2-3 professional references)

(f) Police verification or address proof

(g) Any other documents requested

10.1.2 Documents must be:

(a) Original or certified true copies

(b) Not altered, tampered, or forged

(c) Complete and legible

10.2 Cooperation with Verification

10.2.1 Candidates and employees must:

(a) Respond promptly to verification inquiries

(b) Provide additional information or documents if requested

(c) Authorize release of information from previous employers or institutions

(d) Not obstruct or interfere with verification process

(e) Not pressure references to provide false information

10.2.2 Failure to cooperate:

(a) May result in offer withdrawal or termination

(b) Treated as red flag indicating potential fraud

10.3 Annual Compliance Declaration

10.3.1 Employees may be required to annually certify:

(a) All information provided remains accurate

(b) No material changes in credentials or background

(c) No pending criminal cases or legal issues

(d) Continued compliance with employment eligibility requirements