Greetings, An employee working in a PE firm download a research paper from the intranet, which was kept for sale. Should the employer ask the employee to pay for the research paper? The employer incurred few losses due to this? Is the employee liable to pay for it?
From India, Mumbai
1859From India, Mumbai
Once the research paper is kept for sale, then without the concurrence of the appropriate authority if the employee downloaded the material is as like theft. The employer has all the right to claim the losses including some fine also.
If the management found that the employee is a habitual downloader of the company materials, then even the employer can terminate the employee after proper enquiry and after collecting all the necessary documental evidence and disciplinary proceedings.
From India, Kumbakonam
If the management found that the employee is a habitual downloader of the company materials, then even the employer can terminate the employee after proper enquiry and after collecting all the necessary documental evidence and disciplinary proceedings.
From India, Kumbakonam
Hello (Cite Contribution),
What the employee has done amounts to theft certainly!
It must be taken to its logical end.
These are delicate matters that involve intellectual property.
To be LEGALLY right in deciding course of action against the delinquent, one will have to bear in mind, at this FORMAL level, the applicable LAW concerning this matter, the principles of Natural Justice and only then decide within the parameters set out by these. This could be time consuming and frustrating. The accused might even pay the demanded amount and get away with the crime. This is like a thief returning stolen property and walking away clean!
Typically this situation calls for JUSTICE (i.e being LEGALLY and MORALLY right!) Prima-facie, efforts to be legally right will frustrate necessary action. No mundane "fine" can be an adequate response.
Personally I am of the opinion that IF the theft is REAL and is considered objectively, then it is more than adequate to be just MORALLY right and to that extent, perhaps it will meet the ends of justice to terminate employment of such an employee regardless of level, tenure of employment and competence as the "crime" that he has committed is ghastly and can not be atoned by things like, punishments whether fines or others OR forcing him to BUY the said "research paper" as this person is setting a WRONG example for every one. Precedents apart this crime deserves severest response!
I am aware that a lot people may find my response unacceptable but over time they will agree when they break away from conventional mold of thoughts!
Regards
samvedan
August 12, 2012
--------------------
From India, Pune
What the employee has done amounts to theft certainly!
It must be taken to its logical end.
These are delicate matters that involve intellectual property.
To be LEGALLY right in deciding course of action against the delinquent, one will have to bear in mind, at this FORMAL level, the applicable LAW concerning this matter, the principles of Natural Justice and only then decide within the parameters set out by these. This could be time consuming and frustrating. The accused might even pay the demanded amount and get away with the crime. This is like a thief returning stolen property and walking away clean!
Typically this situation calls for JUSTICE (i.e being LEGALLY and MORALLY right!) Prima-facie, efforts to be legally right will frustrate necessary action. No mundane "fine" can be an adequate response.
Personally I am of the opinion that IF the theft is REAL and is considered objectively, then it is more than adequate to be just MORALLY right and to that extent, perhaps it will meet the ends of justice to terminate employment of such an employee regardless of level, tenure of employment and competence as the "crime" that he has committed is ghastly and can not be atoned by things like, punishments whether fines or others OR forcing him to BUY the said "research paper" as this person is setting a WRONG example for every one. Precedents apart this crime deserves severest response!
I am aware that a lot people may find my response unacceptable but over time they will agree when they break away from conventional mold of thoughts!
Regards
samvedan
August 12, 2012
--------------------
From India, Pune
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