My client is a company that is considering inserting a check box in the employee application form, requiring that any potential employee confirm that they have no criminal record against their name. Is asking for such information legally allowed in India? Note that case law concerning Government employees would not be relevant since my client is a private company based in India.
2 Answers from Attorneys
Dear Sir / Madam,
Yes, your client can insert such a clause in the employee application form.
Any employer whether public or private can put such condition in respect of prospective employees. There is no such law prevalent in India to put any restrain on the employer to insert such question in the application form.
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