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Alok Singh Started The Discussion:

Dear All,
I have a query regarding fake experience certificate.
We got a negative feedback from one of our newly joined employee. He already appointed in our company. And he is working for last two months and his salary is on hold.We came to know that the certificates which he submitted is fake one. Can anyone pls guide me how to handle this case. Can company terminate him without giving one month notice (as per appointment letter) and his 2 months salary.

Regards
Alok Singh

vikash1017 -  Member Since: Nov 2009
Hi Alok,

as per payment of wages act 1936 and minimum wage act 1948, and factory Act act 1948, Industrial Dispute Act 1947, Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act :

only you can withhold the facilities or fringe amount other than minimum wage of skilled worker.

vikash1017 -  Member Since: Nov 2009
Hi Alok,

as per payment of wages act 1936 and minimum wage act 1948, and factory Act act 1948, Industrial Dispute Act 1947, Every employer shall be responsible for the payment to persons employed by him of all wages required to be paid under this Act :

only you can withhold the facilities or fringe amount other than minimum wage of skilled worker.
and termination or dismissal is all depend your company standing order.

Alok Singh -  Member Since: Apr 2008
Dear Mr. Vikash, He is Superviser and his salary is 25000/month (Basic+HRA+Conv+....). We will have to give him only Basic or 25000 Rupees ?. Regards Alok

vikash1017 -  Member Since: Nov 2009
hi

he has given wrong statement during the employment, management can dismissed him from his service and can take simple action to give only basic salary.

but if your organisation interested to continue his service than you have to take initiative action ,know about the exact experience/qualification/salary in past company of that particular person and compare your existing staff experience/ qualification /salary in same department and give the salary accordingly.(like a HR executive is getting 5000 Rs of tw0 years of experience with MBA certificate in your organisation the same the fraud person exp. Two years and have MBA certificate give him 5000 Rs ) which do not violating the equal work for equal wage.

But it is all depend on discrimination on the part of management and what kind of HR hand book has been alongwith yours to getrid from this.

Anayaat -  Member Since: Dec 2009
Hi there,
Before you just fire people you have to open an official investigation where you give the employee an opportunity to defend them selves however you have to do your part first.
• Request the employee to provide you with original certificates
• Use logic with you investigation
• Start with high school certificate and compare with the dates provided in the certificate provided
• Call the old organization and ask if they really know this person and that he provided a genuine certificate of experience.
• Once you have collected your evidence and you have proof from your end that this person committed fraud in 2 levels
1. Provided wrong information about themselves
2. Stole information from someone else who would have benefited from the employment provided by using their details irrespective if the person is interested in it or not.
• Have an panel and interview person if they have no logical reasons for committing this fraud this person should be immediately be removed from the organization as u don’t know what other frauds they are capable of committing and the organization reputation is at stake.
And let it be a lesson next time you employ someone insure you at least take a look at their original certificate provided before you give them an offer and add them in your team.

nashbramhall -  Member Since: Feb 2008
Why his 2 months' salary is on hold. If he has falsified his records, then it is ground for dismissal after getting proof of the falsification. However, I can't see how you can deny the employee wages for the time worked for you.

What do you mean by "We got a negative feedback from one of our newly joined employee." ?

Have a nice day.

Simhan
A retired academic in the UK

sirajshabdi -  Member Since: Jun 2010
Dear Alok,

Although, If that resources got the red certificate in his / her background verification, then this is sure that company will terminate him/her and respect to the notice period that all depend on the management to decide and even that is also depend on the nature of work.

Respect to salary part, is the has any clause which say "will hold resource salary till Background verification has come up" I hope so, no such crap clause any company have.

So, the resource is 100 % eligible to get his worth of two months hard work & this is mandatory that company has to provide it.

Madhu.T.K -  Member Since: Sep 2007
If you have proof that the certificates produced were fake, then you can dismiss him. Before that you have to refer to your Standing Orders, if any, which will say what action should be taken against an employee getting in to the company after falsification of certificates. If no standing orders is drafted, follow the general disciplinary procedure of issuing charge sheet and asking to appear before the Enquiry Officer etc. If the EO finds that he has falsified the records, you can dismiss him from service.

As advised by Simhan, pay him salary for the period he worked and also the subsistence allowance during the period he is placed under suspension and is facing enquiry. Otherwise, it will vitiate the enquiry. Salary for the period he worked should include his allowances.

Regards,

Madhu.T.K

V. Balaji -  Member Since: Jul 2009
Dear

1. Try to see whether the information (negative feedback) is genuine. Ensure the feedback that you have received is proved.

2. Since the employee is new, during the probation period, terminating his service should not be a problem to employer. However, go as per the provisions of condtions of appointment order.

3. You (employer) have the right to have him or otherwise (even if the negative feedback is proved). Talk to him about the feedback that you received and listen to him as to what is he trying to say on this.

4. In any case, holding his salary is not correct.

5. There is no point in hanging around this issue. You have two choices 1) have him 2) Send him out; Take decision based on the facts and figures.

thanks,
Balaji




 
 
 
 





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