Employee moonlighting i.e. having a second job, typically secretly and at night, in addition to one’s regular employment is on the rise around the world and around the clock NOT just at night
This growth in moonlighting has largely been attributed to increasing work flexibility and a search for creative satisfaction since the pandemic. However, recent high-profile cases have shone a light on how moonlighting can cause issues for primary employers.
What is employee moonlighting?
Moonlighting refers to employees who take up a second job or multiple other working roles in addition to their full-time job.
For example, an employee may work for your business during typical business hours, 9am to 5pm Monday to Friday, and also choose to take up additional employment with a separate employer from 6pm to midnight on certain weekdays.
Whilst moonlighting may be suitable in some situations, it may also negatively impact the primary employer due to customer data privacy and protection issues or a conflict of interest. This is particularly the case when an employee’s secondary employment is in the same industry and/or with a direct competitor.
What are the implications for employers?
It’s vital for employers to understand their rights in order to effectively manage employees who are working multiple jobs.
Employers should firstly ensure that all employees are fully informed of moonlighting policies. These are typically included in general HR policies or an employee handbook. The policy should specify the circumstances in which an employee may or may not have a secondary job, whether the employee needs to seek approval prior to taking up an additional job, and it should specify any industries, companies or roles in which the employee can’t hold a second job.
If a policy is in place and the employee does not meet the requirements specified in that policy, the employer may have the right to ask the employee to leave their secondary employment.
What additional precautions can employers take?
Employers can take two additional precautions to effectively identify and manage moonlighting employees. These safeguards will help to mitigate potential conflicts of interest.
One solution is to conduct thorough background screening prior to hiring new employees. This includes employment verifications, references, social media, directorship and adverse media searches, to name a few
Background screening can reveal whether a candidate continues to hold positions that they claim to have terminated. For instance, a candidate may lied about leaving their past employers but thorough screening, including a search on the candidate’s employee provident fund (PF) account, can uncovered that the candidate was still actively employed in two roles.
A supplementary solution is to conduct regular re-screening to ensure that no conflicts of interest arise during an employee’s tenure. It is often the case as an employee gains more experience and understanding of the market and especially in hybrid work environments where employees don’t necessary need to head into a physical office. Re-screening is one way to identify any employees who have taken up secondary employment during their tenure.
How can Sterling RISQ help?
Sterling RISQ provides background screening services by conducting thorough screening with direct sources, such as government authorities, local or national police agencies, and prior employers and referees and by conducting broad based media searches.
Sterling RISQ uses leading technology to conduct a wide range of background screening services in industry-leading turnaround times. Implementing a tailored suite of screening services can equip organisations with the valuable insights to better understand and manage their workforce.
https://www.sterlingrisq.com/wp-content/uploads/2022/11/Dont-Be-Kept-in-the-Dark-about-Moonlighting.jpg461832Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-11-23 08:59:282022-11-23 08:59:28Don’t Be Kept in the Dark about Moonlighting
The Australian Prudential Regulation Authority (APRA) has announced that it will be reviewing its prudential framework with the aim of making its standards, guidance and advice “clearer, simpler and more adaptable.”
In an information paper released in September 2022 and a subsequent letter in October 2022, APRA outlined a roadmap to modernise the structure of prudential standards in an iterative manner over a number of years.
APRA plans to achieve this modernisation through a series of initiatives that are focused on:
better regulation – making standards and guidance easier to navigate, understand and implement
digital first – using supervisory technology (suptech) and regulatory technology (regtech) to support better regulation, and
new risks, new rules – developing approaches to meet emerging risks and new business models.
APRA pointed out that the financial landscape is changing quickly, particularly with the digitisation of finance, new business models and emerging innovations, which are all testing the existing regulatory framework.
Which industries will be impacted by the review?
The following industries will be affected:
financial services
banking
insurance, and
superannuation licensees.
APRA has further cited the emergence of cryptocurrency, digital assets and digital ledgers, which may also be affected by the revised framework.
How might the changes affect hiring?
There are several ways that APRA’s review may have an impact on hiring in the relevant industries.
APRA expressed concern about the risks associated with cyber security; this may result in increasing obligations to implement strict security controls relating to employee and candidate data.
The implementation of a digital first mindset will encourage the uptake of suptech and regtech solutions in order to support entities’ governance, risk and compliance (GRC) systems. These solutions and other digital tools may extend to the improvement of hiring practices and processes.
In the September information paper, it is stated that APRA has developed and will pilot a new “Guide for Authorised deposit-taking institution (ADI)” to “support them in understanding their current obligations.” This new guide may affect the obligations and screening requirements of directors and board members prior to their appointment to boards.
APRA has mentioned that its prudential framework needs to expand to cover “new business models and more complex group structures” as they pose “new challenges and accentuate existing risks.” Operators offering digital services such as cryptocurrency, digital assets and digital ledgers, along with groups that cover multiple industries, may therefore be affected by additional compliance obligations and should keep abreast of further announcements by APRA.
APRA has stated that the review will be “multi-year, iterative and evolutionary” with “incremental changes in the design of the framework.” We therefore expect to learn of changes gradually as APRA seeks industry feedback and implements pilot initiatives to improve the prudential framework.
How can Sterling RISQ help?
Sterling RISQ are experts in the background screening industry in the Asia-Pacific region. We pride ourselves on our nuanced understanding of regulatory and compliance requirements in Australia and the surrounding region, and we are eager to share this advice and information with clients.
If you’d like to leverage our expertise, contact our Financial services experts at mick.roche@sterlingrisq.com
https://www.sterlingrisq.com/wp-content/uploads/2022/11/Changes-to-APRAs-Prudential-Framework.jpg461832Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-11-21 08:44:062022-11-21 08:44:37Changes to APRA’s Prudential Framework
We’ve all seen the glitz and glamour of real estate sales on shows like Selling Sunset and Million Dollar Listing. But aside from the drama and high-flying life, what really goes into becoming a real estate agent?
New Zealand has recently made the requirements clearer for aspiring NZ-based real estate agents, managers and salespeople. In August 2022, the Real Estate Authority (REA) published guidelines about the considerations they make when determining whether an applicant for a real estate licence is “fit and proper”.
The guidelines, referred to as the Fit and Proper Guidelines, set out the principles and factors that the REA registrar will assess when reviewing an applicant’s character. These guidelines provide transparency and clarity about a process that was already in place but not previously made public.
The guidelines state that the registrar will consider factors such as whether the person is of good character, their ability to communicate effectively, their ability to treat others with respect and courtesy, and any potential risk to public safety.
In making their assessment, the registrar will also look at an applicant’s prior convictions, both in New Zealand and in other countries – particularly the nature of the offence, time since the offence, and the applicant’s age at time of offence.
Certain convictions like dishonesty offences, offences involving physical or sexual violence, and other serious offences are unlikely to meet the bar for a fit and proper licensee. The registrar will additionally consider whether an applicant is or has been subject to disciplinary proceedings or other complaints and inquiries.
What does this mean for you?
The published guidelines make it clearer for prospective licensees, renewing licensees, and the public to understand the requirements to be assessed as fit and proper to hold a real estate licence.
Concerned applicants and/or their employers may wish to conduct their own due diligence by seeking a criminal history background check and other checks prior to submitting an application for a licence.
Other screening to consider undertaking are bankruptcy checks, professional disciplinary matters, directorship checks, and adverse media checks, as these are all issues that may be considered with the application. Increasingly in the digital era, where we have multiple working arrangements, work in varying locations, and have a variety of candidates, e-referencing and social media checks can help bridge a gap between you and your candidate and help you determine if they are a cultural fit.
This level of due diligence can help to ease the pressure of the application by identifying any potential issues or red flags prior to submission, saving time and money in the long term, providing you a compliance safety that ensures your organisation is protected from fraudulent candidates posing a risk.
If you’d like to learn more about the new REA guidelines or about the screening services that Sterling RISQ offers in New Zealand for licensee applicants, contact us at info@sterlingrisq.com
https://www.sterlingrisq.com/wp-content/uploads/2022/11/Fit-and-proper.jpg461832Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-11-03 15:12:202022-11-03 15:12:20“Fit and proper” – what does it mean and why does it matter in real estate?
Unfazed by the looming threat of recession, many companies increased their hiring in June 2022 compared to the same period last year. This surge has been particularly notable across the hospitality, retail and entertainment industries.
The growth in job postings is largely attributed to a post-pandemic recovery – hospitality and entertainment businesses were hit particularly hard and are understandably making up for lost time as tourism grinds back into gear.
Hospitality, retail and entertainment companies also typically face higher turnover rates compared to other sectors, meaning the current hiring needs are a combination of the usual turnover requirements combined with the extra recruitment needed to compensate for staffing losses during the pandemic.
How can your organisation hire smarter and quicker?
Meeting this unique level of demand will be challenging, and it’s especially important for companies to secure talent quickly in the current climate.
The findings by LinkedIn indicated that whilst job postings are up compared to last year, there is significantly less competition for each role. In fact, there was over a 50% drop in the average number of applications submitted for paid job postings on LinkedIn across the three nations.
LinkedIn’s Asia-Pacific Managing Director, Feon Ang, suggested that this is due to job seekers “being more selective in picking their next role”. We’re therefore seeing a job market that is being driven by job seekers and their expectations.
For companies who are increasing their hires this year, it’s vital to make the recruitment and onboarding process as quick and straightforward as possible to attract the best candidates.
One way to achieve this is to speed up the background screening process in order for hiring decisions to be made swiftly. Using an experienced external background screening provider like Sterling RISQ helps to streamline the process and ensure that candidates are screened and moved onto the next stage of recruitment as soon as possible.
Sterling RISQ also provides convenient and user-friendly screening solutions that make it easy for candidates to conduct their screening at a time and place that suits them.
If you’d like to learn more about the services that Sterling RISQ can offer to help you hire smarter and quicker, contact us on info@sterlingrisq.com
https://www.sterlingrisq.com/wp-content/uploads/2022/11/kobu-agency-7okkFhxrxNw-unsplash.jpg10001500Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-11-01 11:31:182022-11-01 11:31:18Are you planning to increase your hiring for 2023? If so, you’re not alone
According to recent reports, Tim Boyd successfully became the CEO at Christchurch City Holdings Ltd (CCHL) even though he faced multiple fraud allegations, civil lawsuits, alleged drink driving charges and active warrant for arrest in the United States, along with a restraining order taken out by an ex-fiancée.
Recruitment agency Decipher Group, who helped CCHL recruit Boyd, said civil matters in the US are not picked up by their ‘industry standard’ background checks. A lawyer for Boyd also advised that Boyd fully disclosed his work history and was not aware of any outstanding debts in the US when he applied for the position.
As these incidents were not discovered during the hiring process, Boyd was able to work as a senior adviser at the Ministry of Social Development for two years, and subsequently become the CEO of CCHL, controlling assets worth more than $4.5 billion
CCHL has advised that it is now pursuing an external review into Boyd’s employment history as well as an internal audit of all contracts and financial transactions during his tenure as CEO.
These reviews will cost CCHL significant time and money, not to mention considerable reputational risk, yet all could have been avoided if a global background screening framework have been put in place and conducted before he was hired.
Prevention Better Than Cure
Background Screening acts as due diligence to flag any candidate issues prior to making major hiring decisions. This protects companies in many ways – it mitigates reputational risk, minimises the need for rehiring, and safeguards employees and customers from interacting with people who have falsified their experience.
A thorough background screening process includes searches that are conducted globally in locations where the candidate has previously reside and work in. The screening should include adverse media searches, criminal history checks, social media screening, and reference checks with past employers
It’s particularly important to conduct comprehensive reference checks on candidates for senior management roles. Simple reliance on a CV is not sufficient as they are typically written by the candidate and presented in a way that paints them in the best light.
Reference Checks, on the other hand, offer a more genuine behavioural overview of a candidate. By speaking with colleagues and managers who have direct experience working with the candidate, honest information can be gathered about the candidate’s capabilities and suitability for the role. In the case of Boyd, several people in the US who knew Boyd described him as a sociopath. Former business associates say he lied or misrepresented information on business deals.
Holistic Background Screening helps to expose a candidate’s problematic history (if any exists) and enables recruitment teams to make well-informed hiring decisions.
How Can Sterling Help You Avoid A ‘Trail of Horror’?
Using an experienced global background screening provider like Sterling RISQ ensures that background checks are well rounded and conducted efficiently and accurately. This gives employers peace of mind, when hiring for a position of trust with full awareness and information about a candidate’s past.
Sterling has a global presence across the ANZ, APAC, EMEA and US & Canada regions, which enables us to deliver the most through background screening services on the market, with unparalleled access to official government databases.
Make sure you avoid a ‘trail of horror’ by establishing a holistic and robust screening framework at your company. Get in touch at info@sterlingrisq.com to discuss your global screening needs.
https://www.sterlingrisq.com/wp-content/uploads/2022/10/Avoiding-A-Trail-of-Horror-When-Hiring-Your-Management-Team.jpg461832Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-10-14 13:09:012022-10-14 13:09:01Avoiding A ‘Trail of Horror’ When Hiring Your Management Team
Indian Prime Minister Narendra Modi recently voiced his strong support for increasing the participation of women in the workforce.
“We have to think what more can we do for our women workforce, particularly in the emerging sectors. We can make good use of the women power by adopting flexible work hours, which is the future need,” he stated in an address to labour ministers and secretaries of states and union territories.
The Indian government has set lofty goals for its economy and infrastructure in their ‘Vision India @ 2047’ and it appears that the government is putting words into action by pushing for more social security measures and workplace welfare initiatives to support reaching their goals.
The India government recognises that encouraging the female population to participate in the workforce through initiatives like flexible workplaces, a work from home ecosystem, and flexi-work hours, are important ways to achieve their vision.
We are likely to see more government-supported initiatives like these in the coming years, and it’s important that companies adjust their hiring processes to accommodate this influx of female candidates and support increased diversity in their hiring.
Improving hiring processes to increase diversity
Just as workplaces need to become more inclusive to attract a diverse workforce, hiring processes also need to be made more flexible to retain diverse and top-quality candidates in hiring pools.
One way in which companies can offer a flexible hiring process to candidates is by incorporating digital and remote background screening and identity verification options.
Offering digital background screening options enables candidates to conduct their background screening requirements in a manner that is convenient and suitable for them.
For example, remote background screening offers candidates the option to supply their identity documents via photo capture on the weekend or weeknights, instead of during business hours. This type of convenience can be an extremely appealing factor for working mothers and women who provide other types of care during business hours. In fact, it may be the difference between retaining them in the hiring process or losing them to competitors.
Facilitating flexible hiring processes that recognise candidates may be time-poor and have other obligations demonstrates that a company values flexibility and inclusivity from the outset. In the current climate of high talent demand, it is a distinguishing feature that can mean securing the best talent and signifying your company’s values in all aspects of business.
Sterling RISQ offers a variety of digital and remote background screening solutions to facilitate a flexible and efficient hiring process. Learn more about our range of services and solutions by contacting us here or drop us an email at info@sterlingrisq.com
https://www.sterlingrisq.com/wp-content/uploads/2022/09/Leaning-into-Flexible-Work-for-Women-in-India.jpg461832Timhttps://www.sterlingrisq.com/wp-content/uploads/2019/04/sterling-risq-logo-1.pngTim2022-09-20 10:09:342022-09-23 17:09:30Leaning into Flexible Work for Women in India
As we enter the final quarter of the calendar year, many of us are looking forward to a well-deserved break and time spent with family and friends over the festive period. But one facet of the holidays that many people may not realise is that it also happens to be a boom time for gig work.
More people are out and about – requiring transport services through ride-hailing apps. More people are having guests over – but want to avoid the hassle of cooking or shopping so they order food and groceries using delivery apps. And people are ordering gifts online for friends and family – requiring picking, packing, and delivery around the world.
Taskmo reported that demand for Indian gig workers across the e-commerce sector increased by 11% month-on-month in June, with companies such as Epay, Amazon and Flipkart advertising the highest number of job opportunities.
The upcoming end of year holidays, combined with “sales” days such as Great Indian Festival Sales and Prime Day Sales, has driven the increase in e-commerce gig work. Gig workers are therefore in high demand and are able to take advantage of the plentiful opportunities for work and income before the end of the year.
What should companies consider when hiring gig workers?
Companies hiring gig workers need to be cognisant of the fact that gig workers typically have higher turnover rates than that of employees. The demographic of people working in gig employment are usually those that see it as a temporary stopgap while they seek more permanent employment. It is therefore imperative that gig workers are onboarded quickly and are able to get to work as soon as possible.
One aspect of the onboarding process that can be completed speedily and conveniently is background checks.
Background checks are important to conduct for gig workers as there is an element of trust and autonomy given to gig workers that enable them to cause significant detrimental effect for the hiring company if left unverified.
For instance, gig workers are often in enclosed spaces with customers or visit customers at home – requiring a certain level of trust on the part of the hiring company and the customer – and gig workers generally operate independently throughout the duration of their work, therefore receiving less oversight than typical employees.
Background checks that companies typically conduct for gig workers are: criminal history checks, driver licence checks, employment verification, and right to work checks. These checks act as an additional verification of the background and trustworthiness of the gig worker.
Sterling RISQ offers convenient digital solutions for gig workers to complete their background checks online and speed up the onboarding process. Our solutions remove the need for manual screening processes and ensure that workers are thoroughly checked and verified in the most efficient manner possible.
If you’d like to learn more about the services that Sterling RISQ offers to companies hiring gig workers, contact us here or drop us an email at info@sterlingrisq.com
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The FSTB periodically conducts a comprehensive risk assessment to identify money laundering and terrorist financing threats and to assess the effectiveness of their efforts to address these threats. The latest assessment shows that the landscape continues to evolve, particularly concerning digital financial technologies and virtual asset offerings.
This article will focus primarily on the report’s background screening and hiring process aspects.
Overview
In their latest report, the FSTB found that Hong Kong is exposed to a medium-high level of money laundering threats and medium-low levels of terrorist financing and proliferation financing threats.
However, it also observed that Hong Kong’s ability to combat money laundering and terrorist financing threats is high due to its robust legal framework, rigorous preventive measures, and significant political commitment.
The bureau identified the banking sector and money service operators as particularly vulnerable to higher risks for illicit activities due to frequent attempts to misuse corporate bank accounts and other financial and investment services, e.g. stocks and real estate.
The bureau’s report recommends several “ways forward” to continue mitigating money laundering and terrorist financing threats:
enhancing the anti-money laundering/counter-financing of terrorism (AML/CFT) legal framework
strengthening risk-based supervision
stepping up outreach and awareness
monitoring new and emerging risks, and
strengthening law enforcement efforts and intelligence capability.
The FSTB recognises that the global payment landscape has been developing rapidly, even since 2018, when the previous risk assessment was conducted.
The growth of the internet and mobile payment services, along with general technological advancements, has equated to similar growth in the range of techniques used by criminals to achieve their money laundering and terrorist financing aims, particularly during the pandemic.
Virtual assets (VAs) are also becoming increasingly popular tools for criminals, even though they are not legal tender and are not generally accepted as a means of payment in Hong Kong. Their increasing scale has seen an increased number of VA-related fraud cases and is an area of concern for the FSTB.
Fit and proper tests – who is affected?
One mechanism the FSTB proposes for mitigating money laundering and terrorist financing risks is requiring certain professionals to be subject to a fit and proper test before practising in their role.
This test is applied in various ways depending on the given profession and sector, but overarchingly the test ensures that employees are assessed as having a suitable level of integrity and background to fulfil their assigned role.
Fit and proper guidelines are in place for the following businesses and professions:
financial institutions
trust or company service providers
money service operators
legal professionals
accounting professionals
estate agents, and
dealers in precious metals and stones.
Following the recognition that VAs are becoming increasingly popular in Hong Kong and that the sector is particularly vulnerable to money laundering and terrorist financing threats, the bureau proposes the introduction of a licensing regime for virtual asset service providers (VASPs).
They suggest that any person seeking to conduct a VASP should be subject to a fit and proper test before receiving a licence. The fit and proper test will cover all responsible officers, executive directors, and ultimate owners of the VASP.
Licensed VASPs will then be required to observe AML/CFT requirements and associated regulatory requirements, similar to other financial institutions.
Impacts on the financial sector
The bureau’s report is wide-ranging and encompasses many sectors – including financial, legal, accounting, real estate, and retail (precious metals and stones). All sectors have relevant administrative bodies that assess that businesses’ regulatory requirements are being met, including the implementation of fit and proper checks and licensing for the given sector.
The threats of money laundering and terrorist financing are understandably most prevalent in the financial sector, affecting banking, securities, insurance, money service operators, stored value facilities, money lenders, and virtual assets.
The first five subsets are covered by regulations under the Anti-Money Laundering and Counter-Terrorist Financing Ordinance (AMLO). They are supervised by relevant authorities, whilst the money lender sector is managed under the Money Lenders Ordinance (MLO) and subject to a rigorous regulatory regime by the Companies Registry.
The last remaining sector to be regulated is the virtual asset service provider (VASP) sector, which is subject to some multidisciplinary oversight by regulators. Still, the government plans to further enhance its regulatory efforts by including licensing of VASPs in the AMLO with supervision by the Securities and Futures Commission.
How background screening comes into play
It is clear from the comprehensive risk assessment report that the FSTB takes its role very seriously in mitigating money laundering, terrorist financing, and proliferation of financing threats in Hong Kong.
An important way in which they seek to achieve this mitigation is by regulating the licensing and fitness of professionals working in certain sectors that are particularly vulnerable to threats. The reasoning is that by filtering the integrity of people working in these sectors, the prospect of collusion between employees and criminals, or prospective employees being the criminals themselves, is minimised.
Therefore, a fit and proper test is a requirement for many professions in Hong Kong. Candidates and hiring businesses in these sectors need to be abreast of the scope of the application of the test in their respective sectors, as employees will only be able to practice if they are assessed as fit and proper.
To minimise the risk associated with employees failing the fit and proper test, hiring businesses can conduct pre-emptive due diligence when verifying candidates and hiring new employees. They can do this by implementing a rigorous background screening process to ensure that the candidate will likely pass the sector’s fit and proper test and will indeed be able to practice in the role they have applied for.
Without conducting this due diligence, a candidate may be hired – with all the time and money involved in such a process – and then fail to pass the fit and proper test set by the regulator. This would create a problematic situation where an unsuitable candidate has been hired and onboarded but is unable to fulfil their given role. Hiring teams would then need to remove or relocate the employee and replicate the process to hire a candidate that can pass the fit and proper test and complete the assigned role.
Conducting pre-emptive due diligence through background screening is particularly relevant for VASPs who are new to the realm of fit and proper tests and will require additional guidance in honing their hiring processes.
Employers in other regulated sectors, such as financial, legal, accounting, real estate, and retail (precious metals and stones), who do not currently employ a background screening program should also seriously consider implementing one in order to decrease the risk to their business and workforce, and the flow-on factors of time, cost, and reputational loss.
Due to the high level of risk involved in hiring new employees, the increased demand for employees in these highly regulated sectors, and at a time when most onboarding and employment now occurs remotely, background screening has become a vital step in any Hong Kong business’s hiring process.
Sterling RISQ can help
Background screening in Hong Kong requires awareness and consideration of various legal and cultural nuances. This knowledge helps to ensure the suitability of a business’s screening program to Hong Kong’s laws and the respective sector’s regulations and guidelines.
Sterling RISQ is a global expert in conducting background screening and identity verification in Hong Kong. We offer a wide range of screening services, including identity employment, education, professional memberships verification, criminal background, credit history, financial regulatory AML and PEP, adverse media and directorship searches and social media screening.
We have significant experience operating in Hong Kong and a local office with staff who have a nuanced understanding of relevant screening requirements and regulations. Contact us at info@sterlingrisq.com if you want to discuss a background screening package for your business or have any questions about conducting background screening in Hong Kong.
Does your business conduct background screening in India? If so, an exciting development in the country may mean that the turnaround time for your background screening results can be sped up significantly.
What are the changes?
The Parliament of India has passed a new wage code that requires companies to “pay the full and final settlement of wages within two days of an employee’s last working day following their resignation, dismissal or removal from employment.”
The reform represents a notable reduction in time granted to companies to complete their exit formalities and process an employee’s full and final settlement of wages. The current common practice is for companies to pay the settlement of salary 45 days after an employee’s last working day. In some cases, this period can even extend up to 90 days.
The exit formalities also include the issuance of an experience letter, which provides the employee with proof of employment and is a crucial document for employment verification for their next role.
The proposed change is an encouraging development for Indian employees as it will enable workers to have increased flexibility when moving between jobs and will offer them the peace of mind of having sufficient funds to cover any transition period where they may be without employment.
When will the changes take place?
The government sought to implement the new reforms by 1 July 2022, however this has been delayed.
The changes cannot become effective until they are ratified and drafted by every state and union territory (UT) in India, of which there are 28 states and 8 UTs. As of 30 June 2022, a total of 23 states and UTs had released draft guidelines regarding the reforms. The Indian government is yet to announce a new date for full implementation by all states and UTs.
The new wage code also permits individual states to set the full and final settlement timeline based on what they see as reasonable and feasible in their jurisdiction, meaning the two-day requirement may vary across states. If the reforms are eventually ratified and implemented across the country, companies will need to ensure their payroll processes are updated to align with the given timeframe in each state.
How will the changes affect background screening?
The prospective changes to the full and final settlement rules will be beneficial for improving background screening turnaround times in India.
Many employers in India issue an experience letter to departing employees at the time of full and final settlement, which can currently take anywhere between 30 and 90 days. The experience letter acts as proof of employment and is an important document for hiring companies and screening providers to obtain before commencing employment verification processes for an employee’s next role.
For example, under the existing rules, if a candidate’s final working day with their current employer is 30 June 2022, we would not be able to commence verification of their most recent employment until at least 15 August 2022. This invariably creates a slower turnaround time for background screening results – a frustrating experience for all involved and a factor that is unfortunately not under any screening provider’s control.
The proposed shift from 45 days to two working days for issuance of an experience letter will enable verification of the candidate’s most recent employment to commence promptly, meaning employees can be onboarded more quickly and bring increased certainty to prospective employers.
What has been the reaction from industry?
Sterling RISQ has spoken to a number of industry leaders and representatives from technology and real estate multinational corporations to understand how soon their companies would be willing to conduct employment verification after an employee’s final working day and what their mandatory requirements are for successful verification.
The representatives advised that their companies would be willing to conduct employment verification immediately after an employee’s final day, without waiting the typical 45 days, as long as the employee can present an experience letter to document their prior employment history.
This insight is extremely heartening for employees, hiring companies, and background screening providers such as Sterling RISQ, as it means background screening and employment verification for new roles can occur quickly and new talent can commence work sooner – especially pertinent during the current high demand for talent in India.
Learn more
If you want to learn more about the proposed changes to the full and final settlement rules or understand how the changes will affect the background screening you conduct in India, contact us at info@sterlingrisq.com.
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Professor Chen Chunhua was a visiting professor at the NUS Business School, the Dean of Beijing International MBA Business School at Peking University, and a professor and doctoral supervisor at the School of Business Administration of the South China University of Technology before being called out for faking her academic credentials and employment history.
Chen was found to have provided details of a doctorate from a fake university in Ireland and had claimed to be a “military adviser” for tech company Huawei but Huawei denied this and stated publicly that they had no knowledge of Chen.
Chen had even previously been included in Fortune’s China’s 25 Most Influential Businesswomen Leaders list for four consecutive years from 2015 to 2018.
The boldness of Chen’s lies and fraud, combined with the long period of time that she was able to get away with those lies, shows just how easy it is to miss a major issue when recruiting new staff.
Recruitment is a busy time and there is often significant pressure to fill roles and onboard staff quickly. Conducting thorough background screening and taking the time to genuinely investigate candidates’ credentials inevitably starts to take a backseat.
But we guarantee that extra time spent on background screening is worthwhile. Background screening saves organisations time and money in the long-run, and also ensures that genuine candidates with real experience and knowledge are filling roles.
As can be seen in the case of Chen, even Fortune magazine and prestigious universities can be duped by failing to take the time to conduct proper checks.
We also see how the effect can quickly snowball – once a fraudulent candidate gets entry into one role, future organisations mistakenly rely on the belief that the original employer would have conducted thorough checks and offer new employment, allowing the candidate to build their experience – all while the original lies remain uncovered.
One way to guard your organisation against these fraudulent individuals is to conduct thorough background screening and checks on all candidates.
For senior roles in particular, we recommend implementing a comprehensive suite of background screening that includes education checks, reference checks, social media checks, and adverse media checks, to ensure that candidates genuinely hold the experience and education they claim to have and to identify any red flags before an offer of employment is made.
In this modern world of “always-on” social media and news websites, many potential issues can be identified quickly by conducting thorough social media checks and adverse media checks.
Implementing a comprehensive background screening process will help your organisation to:
ensure that candidates have the knowledge and experience to fill the role they are hired and paid for
save money, time and headache further down the line if an employee’s fake credentials are exposed, and
protect your organisation from negative media exposure and associated concern about the quality of your services.
Sterling RISQ are experts in offering background screening services in the Asia-Pacific region. We have significant experience in tailoring background screening packages for all roles and organisation types. Protect your business from fraudulent candidates – get in touch at info@sterlingrisq.com to discuss a background screening package suited for your organisation.
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