Dear Seniors,
A case wherein a employee is arrested for criminal act against co-worker inside company premises/ outside the company premises and maymay not be released on bail.
The above matter when reffred to civil court, Can the company chargesheet the employee with termination or chargesheet and start the inquiry proceeding ex-parte and award decision ?
Can someone guide me please?
K.Laxman
From India, Chicalim
2A case wherein a employee is arrested for criminal act against co-worker inside company premises/ outside the company premises and maymay not be released on bail.
The above matter when reffred to civil court, Can the company chargesheet the employee with termination or chargesheet and start the inquiry proceeding ex-parte and award decision ?
Can someone guide me please?
K.Laxman
From India, Chicalim
The question itself is not correct.
1. You have mentioned that the employee is arrested for criminal act. If so where is the question of referring to Civil court? Please check your facts
2. You can not have two situations in a criminal act. Is the act committed inside the work premises or outside the work premises?
3. I do not understand the meaning of "Charge sheet the employee with termination"? When you charge sheet, obviously you start enquiry proceedings
I would request you to correct/rephrase your question to enable us to provide you with correct response
T Sivasankaran
From India, Chennai
1. You have mentioned that the employee is arrested for criminal act. If so where is the question of referring to Civil court? Please check your facts
2. You can not have two situations in a criminal act. Is the act committed inside the work premises or outside the work premises?
3. I do not understand the meaning of "Charge sheet the employee with termination"? When you charge sheet, obviously you start enquiry proceedings
I would request you to correct/rephrase your question to enable us to provide you with correct response
T Sivasankaran
From India, Chennai
What is the nature of crime? Is it connected with employment/ B.Saikumar Hr &labour law advisor mumbai
From India, Mumbai
From India, Mumbai
Legal positions will vary based on actual facts
A: If there is a criminal act inside the premises, two parallel actions may be taken.
1. Charge sheet and disciplinary action by the Management
2. Based on the complaint lodged by the affected party, police might file a FIR and initiate criminal action
A person may be acquitted in the Police Action however the law does not say that the Mangement's action should be based on Police Case. SC has held that that the Enquiry Officer is not guided by Indian Evidence Act and hence his finding need not not be dependant on the Criminal Court's findings
B: If there is a criminal act outside the factory premises in connction with employment,
If there is a provision in the Standing Order. similar rule will be applicable.
C; If the criminal proceeding is not connected with employment but was committed outside the premises
If the Police files FIR and registers a case, the employee can be suspended pending enquiry. The option is employer's. But the employee will be paid Sub.Allowance for the period. If he is found guilty, then he can be terminated by quoting the same . Follow procedure as prescribed in Certified SO or Model SO whichever is applicable. If he goes on appeal, then you need to wait for the veridct. However, there is no need to pay Sub Allowance. If he is acquitted from the charges, the employee will be treated as though he was on duty from the day of suspension and he need to be paid full wages after adjusting the Sub Allowance paid.
If you can give actual facts of the case, we can give our views
Sivasankaran
From India, Chennai
A: If there is a criminal act inside the premises, two parallel actions may be taken.
1. Charge sheet and disciplinary action by the Management
2. Based on the complaint lodged by the affected party, police might file a FIR and initiate criminal action
A person may be acquitted in the Police Action however the law does not say that the Mangement's action should be based on Police Case. SC has held that that the Enquiry Officer is not guided by Indian Evidence Act and hence his finding need not not be dependant on the Criminal Court's findings
B: If there is a criminal act outside the factory premises in connction with employment,
If there is a provision in the Standing Order. similar rule will be applicable.
C; If the criminal proceeding is not connected with employment but was committed outside the premises
If the Police files FIR and registers a case, the employee can be suspended pending enquiry. The option is employer's. But the employee will be paid Sub.Allowance for the period. If he is found guilty, then he can be terminated by quoting the same . Follow procedure as prescribed in Certified SO or Model SO whichever is applicable. If he goes on appeal, then you need to wait for the veridct. However, there is no need to pay Sub Allowance. If he is acquitted from the charges, the employee will be treated as though he was on duty from the day of suspension and he need to be paid full wages after adjusting the Sub Allowance paid.
If you can give actual facts of the case, we can give our views
Sivasankaran
From India, Chennai
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