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
Posted 5th April 2011 From India, Nasik
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.
Posted 5th April 2011 From India
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.
Posted 5th April 2011 From India
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
Posted 5th April 2011 From India, Nasik
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.
Posted 5th April 2011 From India
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.
Posted 5th April 2011 From Oman, Muscat
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
Posted 5th April 2011 From United Kingdom
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.
Posted 5th April 2011 From India, Bangalore
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
Posted 5th April 2011 From India, Kannur
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
Posted 6th April 2011 From India, Madras
Dear Sir,

According to standing order of the company,” All workmen will be deemed to have been appointed on the basis of the applications / representations made and facts disclosed in their applications for employment of / in the form/forms required to be filled at the time of employment. The Manager may verify the antecedents of a workman made false declaration in the establishment or in case the verification of antecedents’ reveals any adverse remarks/reports against him/her which would in the opinion of the manager make him/her unfit for employment in the establishment, appointment is liable to be terminated without any compensation or notice whatsoever.”

Behalf of Standing order we can terminate him without compensation?

Regards
Alok

Posted 6th April 2011 From India, Nasik
Dear Alok

The standing order as mentioned hereinabove can be challenged in Honb'le Labour court or Higher court even though if this has been accepted mutually by both the parties(Employer &Employee) as per the norms and policies of the company's.

I remember in one case of similar nature where the judgment was passed in favour of the employees wherein the court said "it is the sole responsibility of the Recruitment Team to Appoint any person in any orgnisation after verifying all the academics and credentials,character antecendence,police verification if required, of the candidate".

To be on the safer side and discourage unfair practice it is wise to clear his pending compensation and ask him to resign from the capacity he is working on a good note.

Regards

Videet
Posted 6th April 2011 From India, Pune
Dear Sir,

I have talk to person he told me that, he has not received salary for last 3 month from his previous employer due to bad finical crisis of the company.
When he submitted his resignation to the company they were not giving him acceptance, relieving and experience certificate. So, He prepared his experience certificate.
Kindly suggest me what to do in this matter ?
however my corporate Head HR is not agree in this situation he want terminate him.

Regards
Alok
Posted 6th April 2011 From India, Nasik
If you are able to speak to him and get the above mentioned reply, you can document it by giving him a memo and asking him to reply in writing. The reply need not be accepted (as it is clear that the management does not want to hear his explanation) and you can proceed with an enquiry and terminate his service following the reports. By admitting the fact that he had made the certificate by himself, his innocence is not proved. Whatever done is a serious misconduct. Above all, your standing orders say that services of an employee who takes employment after producing forged documents shall be terminated without paying any compensation. Even the court will not say that you should retain him or pay him any compensation. If an employee is dismissed on such charges after following a proper enquiry and after giving the accused all opportunities of defending his charges, no court will say that the employee should be reinstated because once the employer loses confidence about an employee, the former has right to terminate the contract of employment.

However, two months salary pending shall be paid without fail.

Regards,

Madhu.T.K
Posted 6th April 2011 From India, Kannur
hey alok , why don’t you simply get the emplyee verification done through indiaverified(dot)com
Posted 6th April 2011 From India, Mumbai
Dear Sir, Thanks for suggestion. But I have a quarry regarding Verification. Why companies don’t verify their document before provide them offer letter? Regards Alok
Posted 6th April 2011 From India, Nasik
There is one fundamental question facing the organization here.

DO YOU TOLERATE FALSIFICATION AND CHEATING?

If your organization cares, it should immediately terminate this person who falsified records. This is also because others employees will feel hurt & demoralized.

Or if you dont mind all (As an organization) you should pay him his salary with all honours. other employees also will try and do the similar acts and you will have to live with it.

Now that you have given him work and not given salary, you may ask him to leave after paying him his dues. (you have lost opportunity to penalize him)

Organization should not take undue advantage of an employee even when he/she has done a wrong act. Organizations should neither do wrongful act nor should they tolerate.
Posted 6th April 2011 From India
Dear Alok Singh
According to your statement two things has to be noted
1, we got a negative feedback from one of our newly joined employee----? Do you feel he/she (newly joined employee) is authority to give are disclose the employee details in there previous company.
2. I hope he is still working with your company – as per your statement, if he submitted a fake certificate he might have abscond because you have hold his salary.
According to me please inform the fact what had happen really – to get solution from us

M.Suresh
Fidelity Verification services
09840259786
Posted 6th April 2011 From India, Madras
Dear Alok,

Hope that you "ll be in good health. Fake certificate is not a good sign but here first of all check that what the LAW describes this situation. If law hasn't any thing about this then check if your company has any code of conduct about the fake certificate.

BUT REMEMBER!

Employee is the main asset of the company and an Efficient employee is more that an asset. So keep in mind if that supervisor is doing well more than his responsibilities then there's no need to punish him. Just warn him professionally so that others couldn't be demoralize. Its the best solution. However keep him under the eyes because INTEGRITY is the most important in the company/organisation.

Hope that you understand it.

Regards,

Ghulam Mustafa
+966 566 457419
Posted 6th April 2011 From Saudi Arabia, Riyadh
Dear Alok,
The matter first needs investigation. After it if you find that the certificate was fake than after suspending him follow proper legal procedure i.e. show cause notice, charge sheet followed by domestic enquiry. Ensure that enquiry is free and fair and not with pre-disposition. If found guilty dismiss him. Pl. do not make any compromise, by keeping him in service. Right attitude holds more value towards organisational development than anything else.

With regard to payment you have two options, firstly, you may book him under IPC for cheating as defined u/s 415 and forgery u/s 463 and punishment thereof u/s 417 & 465 of IPC Respectively. In this case the whole of the salary withheld will also become a subject matter of decision of litigation u/s 15 of The Payment Of Wages Act(delay in payment of wages) and the final payment will depend upon the out come of the decision of the authority appointed u/s 15(I). However, this will be too extreme and as a manager it will be stretching too far. Better course would be to pay the payment for the period he has worked. Caution for you is that time is running out of your hands and the more delay you make in taking action the case tilts more favorably towards the employee concerned. Obviously after the suspension you need to pay him only according to suspension rules.
Feel free to contact me if you need further.

Regards,
DS

Posted 7th April 2011 From India, Kanpur
Dear , If is useful for the company & Company feels that his work speaks than u can pay honorium & can be transferred under some Contractor.
Posted 7th April 2011 From India, Korba
Sir,

what will happen than if the previous employer is making a false statemet because we dont know what are the reasons he left the job and thay dont want him to join somewhere else,

this is your duty to timely chek the provided documets,

most important.

Sir, if he is doing his job 100% then what the problem with u, this was ur mistale to tell that guy in advance after cheking the background.
Posted 7th April 2011 From India, Faridabad
Dear Alok,

Now a days it is very necessary to conduct pre employment screening before to recruit the candidate. Below please find our company profile if you require any further guidance.


Reliable Consultancy Services is a background screening company specializing in pre and post-employment verifications for Corporates. Our objective is to assist our clients in preventing recruitment of unscrupulous and unethical personnel into the organization.

The frequency of frauds, connected to fake certificates have increased drastically. As Per the current statistics from the Industry experience shows that more than 16 percent of candidates provide fake or misleading information on their resumes. This figure is alarming. But what is more alarming is their attitude that they’ll get away with it. If not combated, this attitude will become a cultural mindset.

India is on the fast track and we as Corporate; under our Corporate Governance and Corporate Social Responsibility have to consciously acknowledge this reality and ensure that our risk mitigating processes are one step ahead of the fraudsters.

Employee screening is a robust tool to authenticate documents and information submitted by prospective employees.

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* Personal or Professional Reference check
* Address Verification
* Database Verification (IRA, Civil Litigation)
* Due Diligence Verification
* Passport verification.
* Drug Testing







Posted 7th April 2011 From India, Pune
Dear all,
We are looking the following requirement for our Delhi office:

a. HR Executive (1-2 years Exp)
b. 2D faculty (1-2 years Exp)
c. Personality Development faculty (1-2 years Exp)
d. Sketching faculty (1-2 years Exp)

I seek your kind help to fulfill our requirement.

Regards
Rajeev
hr@kreativevistas.com
7428223540
Posted 7th April 2011 From India, New Delhi
Dear Alok,

Prima facie it is found his certificate is fake one, then pursue proper procedure under your Standing orders or your Conduct & Disciplinary Rules, if any. Nevertheless -
1. Suspend him pending inquiry and issue him a simple charge sheet asking him to show cause why he should not be dismissed for submitting fake certificate to secure the employment. Give him the shortest time, say 7 days or 10 days to reply in writing to SCN together with genuine certificate, if any, appoint an Enquiry Officer to proceed with this. Based on his reply do the needful. Remember you have to pay him Subsistance allw. during the suspension period.

Reg.salary for the months worked, if it is a statutory or skilled post which requires a competency certificate holder only can be employed you may even forfiet his salary after following above procedure. Otherwise just pay him, decide the rest as per the enquiry report.
Natural justice should prevail.

Rgds.
Posted 7th April 2011 From India, Bangalore
You can terminate him on this ground but consider if he is realy worth for the post.

Secondly, sometimes individual has not good repo with his superior, or his skill clash. In this regard we can not expect good feedback from last company.

Thirdly, Is anyone involved in interview from your company and what feedback he has submitted.

regarding wage, you have to pay what you promised in writting and call him for further discussion that this salary was decided on your past experience since it is not true , we have to revise present offer, if you accept then carry on job if not then think yourself and give him time for one week and so.

Vinod saini
contract manager
SUDAN
Posted 7th April 2011 From Liberia, Monrovia
Alok
No need to pay salary but even case of forgery can be filed against him.
he has cheated the organisation. but it depends upon organisation to organisation. need to take action to stop such thing to happen in future
sanjay
Posted 7th April 2011 From India, Bhilai
Dear All,

Thanks for valuable suggestion for all.
This is to inform you that, his performance is up to mark and he is doing well.
At interview time, he was able to give us all job responsibilities related anshwer and now he has proved his caliber.
Please tell me what to do now?
Regards
Alok
Posted 7th April 2011 From India, Nasik
Alok

In my humble opinion, he needs a break, and should be given the opportunity to prove himself yet again. Least we forget, he needs encouragement in self belief and seeking out the right path for himself.

Needlessly, the employer would ve won a 'family' member that shows solidarity, if not gratitude.

"The evil can not survive without the consent of the victim"

This again is my 2 cents ...
Posted 7th April 2011 From India, Mumbai
Dear Alok,
It might be so many reasons for that, that he submitted fake certificate, like mass with seniors, any other, if you and your organization think that this person has skills and knowledge to better results personal and for organization, then this matter to discus with responsible person in your organization.
Posted 7th April 2011 From India, Mumbai






 
 
 
 







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