Private companies and requirement of Aadhar. Is it legal?

Private companies are asking for aadhar details during the employment process. The reason being given is for identity validation.
Do we have anything in our laws which allows them to mandatorily ask for aadhar details or do we have any clause that explicitly prohibits and instructs to use other govt provided IDs for identification of employees?

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Welcome to the IFF forum!

I am not a lawyer, but IMO it is illegal for a private individual/company to mandatorily ask for a person’s Aadhaar number.

You will have to disclose your PAN, if the company is required to do TDS before giving you your salary.

If you are enrolled in Employee Provident Fund you may be required to link your Aadhaar with your EPF account.

All that having been said, we now live in the world of “coerced voluntary” Aadhaar. You may have to “voluntarily” give your Aadhaar, in order to get on with your life! :frowning:

Hope this helps. Good Luck!

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Can the lawyers in here, specifically those who deal with labour law, shed some light on this matter please.

I share the same concern and IFF might take this up with the concerned ministries to stop mandatory collection of Aadhaar. Candidates have no idea for what purpose this is being used. As said here, the job does not progress if Aadhaar number is not shared.

The high risk here is not just from the company side but for the infamous BGV (background verification) process where Aadhaar card, PAN card, Passport number are mandatory. The candidate has no control or assurance that this PRIVATE data is safe with the third party that does the BGV. The BGV firm can misuse the data. I had refused to join a company because I got suspicious with their BGV process, as they were demanding an excessive amount of data. Nowadays, it is digital verification and digital signature and candidates have no idea what is really happening behind these processes.

Interestingly, there are companies that record interviews but do not share them with candidates. One IT company records interviews with new joiners on the pretext of familiarizing with the management. This video is then hosted on to the company intranet, but what happens to the video when the employee leaves is a big question. Now, as far as 2011, big IT cos in Bangalore used to collect fingerprints of employees on their joining day. It is only after this that the employee’s onboarding really started. Where was and is the legal framework for all this data collection by MNCs?

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