Dear Colleagues,
How do we handle an employee against whom criminal and legal proceedings are initiated on the personal front? This employee is unable to reprot to work too. Do we go ahead with a termination or wait for the employee to clear his name?
Rgds,
Saumya
From India, Madras
2How do we handle an employee against whom criminal and legal proceedings are initiated on the personal front? This employee is unable to reprot to work too. Do we go ahead with a termination or wait for the employee to clear his name?
Rgds,
Saumya
From India, Madras
Normally the certified Standing Orders (Service Rules, in case the establishment does not have Standing Orders) of the company will have provisions to deal with such situations. Mere overhearing the matter should not be ground for termination. You should have proof to establish that the employee has been convicted by court. Otherwise, you have to initiate disciplinary action against the employee for continuous absence from work. For that you should send a registered letter to him explaining that he has been absenting without approval of leave and should explain why action should not be taken against him for not reporting to work. He should be given enough time also. This is because, a registered letter may take 3 days to reach the destination Post Office from where an intimation is given to the address to collect the letter, the addressee can collect it within seven days only and till then the Post master is expected to keep it. That means 10 days and the acknowledgement will take another 3 days to make it two weeks!
If he doesnot turn up, you can send another letter which will also take another 14 days to make it one month. Even after that he does not turn up, you have to send a letter stating that his services will be terminated if not reported to duty within 7 days. That will again takes 21 days! Finally, you can treat him as absconding by the end of 2nd month.
If you do not follow the above procedure, your act of terminating the employee will be treated as unfair and illegal.
Regards,
Madhu.T.K
From India, Kannur
If he doesnot turn up, you can send another letter which will also take another 14 days to make it one month. Even after that he does not turn up, you have to send a letter stating that his services will be terminated if not reported to duty within 7 days. That will again takes 21 days! Finally, you can treat him as absconding by the end of 2nd month.
If you do not follow the above procedure, your act of terminating the employee will be treated as unfair and illegal.
Regards,
Madhu.T.K
From India, Kannur
The court will only view whether there was any procedural lapse. Therefore, even if you know that he is under police custody, in the absence of evidence and in the absence of provisions in the Standing Orders of the company, issuing letters to the absenting employee is mandatory to prove that the employer had given all opportunities to the employee to show his innocence. If no procedure is followed his termination shall be nullified on the ground that principles of natural justice have not been followed.
Regards,
Madhu.T.K
From India, Kannur
Regards,
Madhu.T.K
From India, Kannur
Mr. Madhu T.K.
Sir,
Pls. let me the know the following
1. Due to criminal proceedings, if an employee is suspended, then any salary to be given or not. If yes, what is the criteria.
2. Suppose, after 2-3 years, the employee is acquited from the court. Then his service should be reinstated or not. If reinstated, then his all pending salary should be given in terms of arrear or not.
Thanks
SNC
From India, Ranchi
Sir,
Pls. let me the know the following
1. Due to criminal proceedings, if an employee is suspended, then any salary to be given or not. If yes, what is the criteria.
2. Suppose, after 2-3 years, the employee is acquited from the court. Then his service should be reinstated or not. If reinstated, then his all pending salary should be given in terms of arrear or not.
Thanks
SNC
From India, Ranchi
How you can suspend an employee due to criminal proceedings. as far as the organization is concerned his attendance and working, if he is not attneding duty due to criminal proceedings you have to follow the route mentioned above and terminate.
Once the employee is terminated then the employer don't have any liability. Even after that if the employer wants to take him then it is a fresh recruitment / in extraordinary he is on rolls also there is no necessity to pay on the basis of no work no pay.
Regards - kamesh
From India, Hyderabad
Once the employee is terminated then the employer don't have any liability. Even after that if the employer wants to take him then it is a fresh recruitment / in extraordinary he is on rolls also there is no necessity to pay on the basis of no work no pay.
Regards - kamesh
From India, Hyderabad
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee Appraisal Form new.doc