Domestic Inquiry
Recently, my company found that a HR officer try to cheat the Company's money by creating phamton employee in the payroll. So, I would like to ask few question about the subsequent action:
(i) After the investigation, do show cause need to be sent out to the respective employee? After sent it out, will the employee be suspended from work? What is the suspension period?
(ii) If the Management disatisfied with replied, is it a domestic inquiry can be held?
Thank you.
From Malaysia, Shah Alam
Recently, my company found that a HR officer try to cheat the Company's money by creating phamton employee in the payroll. So, I would like to ask few question about the subsequent action:
(i) After the investigation, do show cause need to be sent out to the respective employee? After sent it out, will the employee be suspended from work? What is the suspension period?
(ii) If the Management disatisfied with replied, is it a domestic inquiry can be held?
Thank you.
From Malaysia, Shah Alam
1. Show cause notice is required to be sent. This is the first step of procedure.
2. it is not mandatory to suspend the employee. he can continue to work.
3. yes. domestic enquiry can be held if management is not satisfied.
it will be better if you kindly elaborate your case to the under mentioned email.
From India, Calcutta
2. it is not mandatory to suspend the employee. he can continue to work.
3. yes. domestic enquiry can be held if management is not satisfied.
it will be better if you kindly elaborate your case to the under mentioned email.
From India, Calcutta
Dear
Please clarify whether you have rules framed for dealing with comission of mis-conduct in your organisation or is there any point in the appointment letter of the candidate on mis-conduct etc.Check this out first.
rajanassociates
From India, Bangalore
50Please clarify whether you have rules framed for dealing with comission of mis-conduct in your organisation or is there any point in the appointment letter of the candidate on mis-conduct etc.Check this out first.
rajanassociates
From India, Bangalore
Its a case of misappropriation of funds.Its a major misconduct and the deliquent worker should be suspended because he might tamper official documents.
Presending officer and presiding officer should be appointed for domestic enquiry as it may avoid further legal obligations
Thanks and Regards
Vikas
Hr
From India, Gurgaon
Presending officer and presiding officer should be appointed for domestic enquiry as it may avoid further legal obligations
Thanks and Regards
Vikas
Hr
From India, Gurgaon
Dear sww_yoyo
Welcome to CiteHR.com !
It is startling to know that HR officers can be so creative. How was the salary being funnelled out - through a fictitious bank account or in cash ??
There are two things involved here : One is, the investigation/enquiry in to the incident, recommendations to avoid such incidents in future etc.
Second is, the action against the guilty. Irrespective of the findings of the investigations or preliminary enquiry, you have to go through the due process; which comprises of :
I have no idea which country you are from, however, the principles of natural justice, is the same everywhere.
Warm regards.
From India, Delhi
Welcome to CiteHR.com !
It is startling to know that HR officers can be so creative. How was the salary being funnelled out - through a fictitious bank account or in cash ??
There are two things involved here : One is, the investigation/enquiry in to the incident, recommendations to avoid such incidents in future etc.
Second is, the action against the guilty. Irrespective of the findings of the investigations or preliminary enquiry, you have to go through the due process; which comprises of :
- - Issue of a memo comprising allegations and statement of charge-sheet, wherein the employee is required to reply/respond to the chrges within a fixed period; this being a case of financial irregularities (fraud) which amounts to (or is classified as) a major misconduct. [Show cause notices are applicable in case of minor misconduct where a domestic enquiry may not be required.]
- - Irrespective of the fact, whether the employee pleads guilty or otherwise; to substantiate the charges, Departmentl Enqury is conducted, which is a quasi-judicial process; at the conclusion of which the enquiry officer submits his "findings/conclusions" to the disciplinary authority, who shall then impose an appropriate punishment.
I have no idea which country you are from, however, the principles of natural justice, is the same everywhere.
Warm regards.
From India, Delhi
Dear Yoyo,
This case can be considered as Loss of confidence in the employee. Please note that employees particularly in Finance and HR department must be the most Honest, trustworthy person as they have access to extensive data and financial transaction of the company.
In my opinion it was not only the fault of the HR guy but the Finance guy has equally failed in his duty in cross verify the data furnished by the HR guy. Random checks are in vogue in many companies and generally the HR guy has to furnish a statement everymonth giving details of the variations in the pay packet over the last month. Here he furnishes details of new employees for increase in wages, loss of pay & employee exits for reduction of wages over the last month.
Issuing a show cause notice is imperative but you need not necessarily suspend him because once you suspend him then conduct of enquiry proceedings will be hindered. But you can take him off from the current assignment and complete the equiry proceeding upon receipt of his explanation to the show cause notice.
But please try and figure out whether he has acted on his own accord of has been instigated by other senior colleagues to do such an act. In my opinion a payroll without proper authorisations lacks transparency.
M.V.KANNAN
From India, Madras
This case can be considered as Loss of confidence in the employee. Please note that employees particularly in Finance and HR department must be the most Honest, trustworthy person as they have access to extensive data and financial transaction of the company.
In my opinion it was not only the fault of the HR guy but the Finance guy has equally failed in his duty in cross verify the data furnished by the HR guy. Random checks are in vogue in many companies and generally the HR guy has to furnish a statement everymonth giving details of the variations in the pay packet over the last month. Here he furnishes details of new employees for increase in wages, loss of pay & employee exits for reduction of wages over the last month.
Issuing a show cause notice is imperative but you need not necessarily suspend him because once you suspend him then conduct of enquiry proceedings will be hindered. But you can take him off from the current assignment and complete the equiry proceeding upon receipt of his explanation to the show cause notice.
But please try and figure out whether he has acted on his own accord of has been instigated by other senior colleagues to do such an act. In my opinion a payroll without proper authorisations lacks transparency.
M.V.KANNAN
From India, Madras
Dear
Please understand everyone is presumed to be innocent unless proved guilty.That is why you must follow the due process of Law as rightly suggested by our Board Moderator.
Till it is proved we only call it as "alleged" mis-appropriation,embezzlement etc.Go through the process of enquiry and allow the Enquiry officer to give his findings.Till then one cannot pre-conclude the decision.
There have been cases where wrongful accusation has led to unfortunate incident and thereafter you will be on the defensive.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Please understand everyone is presumed to be innocent unless proved guilty.That is why you must follow the due process of Law as rightly suggested by our Board Moderator.
Till it is proved we only call it as "alleged" mis-appropriation,embezzlement etc.Go through the process of enquiry and allow the Enquiry officer to give his findings.Till then one cannot pre-conclude the decision.
There have been cases where wrongful accusation has led to unfortunate incident and thereafter you will be on the defensive.
With Regards
Advocates & Notaries & Legal Consultants[HR]
E-mail : rajanassociates@eth,net,
Mobile : 9025792684.
From India, Bangalore
Dear Yoyo,
In this forum, u will get advise and consultation. However, you have to take the final step.
It totally depends upon you (if u have the authority) or the management to conduct an inquiry or once they have the proofs and find the Officer guilty; relieve him of his services.
In such cases, the employee is laid off if found guilty with all the facts, figures and evidence in place. At times, the employer might file civil suits against the employee too and ask for a recovery!!
You can file a criminal case under sec 420 and 406 of IPC, pertaining to fraud/forgery and breach of trust.
Regards,
Rahul Chhabra
From India, Delhi
In this forum, u will get advise and consultation. However, you have to take the final step.
It totally depends upon you (if u have the authority) or the management to conduct an inquiry or once they have the proofs and find the Officer guilty; relieve him of his services.
In such cases, the employee is laid off if found guilty with all the facts, figures and evidence in place. At times, the employer might file civil suits against the employee too and ask for a recovery!!
You can file a criminal case under sec 420 and 406 of IPC, pertaining to fraud/forgery and breach of trust.
Regards,
Rahul Chhabra
From India, Delhi
This sounds interesting. Please gather all the facts and call me at 09717726667.
It will be very difficult to give you advice in instalments on the Cite.
I will give you sound advice in this regard.
Vasant Nair
Director
Karma-HR
From India, Mumbai
It will be very difficult to give you advice in instalments on the Cite.
I will give you sound advice in this regard.
Vasant Nair
Director
Karma-HR
From India, Mumbai
My dear friend siphoning off money in this manner is a SERIOUS matter. Theemployee should be suspended immediately, pending Enquiry. During the period of suspension the employee can be asked to report at the Office daily at a stipulated time.
Suspension will not hinder the Enquiry proceeding.
Charge sheet can be issued later.
Vasant Nair
From India, Mumbai
Suspension will not hinder the Enquiry proceeding.
Charge sheet can be issued later.
Vasant Nair
From India, Mumbai
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Domestic Inquiry.pdf
Initial telephonic inquiry.doc