in a company one labour was caught at gate stealing items from the factory. When he was caught he told the name of other colleauges who were with him, then after one more was caught, out of the total four three were caught and sacked, the fourth one went to union saying he was not indulged and the management is asking him to resign. now what can be done further to get rid of this type of culprit who get a support from union
From India, New Delhi
I couldn't find such case on citehr. pls. help, as this 4th one came and said that don't hand over the case to police and he will come and resign. but he didn't turned up and after 15 days he went to labour office that the employer is not permitting him to work, labour deptt. officers with his advocate asked the company to take him on duty or else filght the case in labour court proving him guilty. But as we all know about the proceedings in court the company took him on duty. Pl. advice further how to deal with such type of people. This is going to spoil the whole atmosphere of the company
From India, New Delhi

Dear,Firstly in the light of labour laws, you can issue a memo asking for an explanation about the same.Secondly, If you are not satisfied with it, you can conduct an enquiry in which an enquiry officer will be appointed.THE CULPRIT SHOULD GIVE full time in order to prove himself right becoz of the principle of natural justice.You can present the representative and witness from your end to make your case stronger and on the findings and basis of the reports you can terminate him later on, sending the copy to the apprprite officer linked with the government.Hope this information will help you.For more assistance you can get in touch with our Madhu sir, who always suggest us the right path.RegardsRAnjeet
From India, New Delhi
Issue memo , calli for explantion .if reply is not satisfatory , appoint the committee to enquire in the incident . Take action on the findings of the enquiry committee.
From India, Chennai
A similar case (not identical) was discussed at

From United Kingdom
what vasumurali said is the correct procedure. You cant terminate as you like. There is some procedure which u should follow. You first issue chage sheet to the concern and call for his reply if you are not satisfied with his reply then appoint investigating officer and issue showcause notice and prove the guilty of the person. Then u can take your own action. You can put his under suspenssion for the timebeing. but need to pay 50% of the wages during the enquiry period. If you are not able to prove the guilty worker is eligible for 100% of wages.
From India, Hyderabad
Dear all,

This is a case of security function in performing the duties of protecting the properties and people round the clock. The following determinants need to be probed when such a case is found.

1/ Who found the materials in the gate?

2. Are the persons involved in this offence doing alone?

3. Is there a connnivance between them and the outsiders?

4. Is offense committed first time?

5. Where did the theft or pilferage take place?

6. Is there is proper rules in the department where the theft took place,?

7. What is department head or superior role in housekeeping the material found with the employee?

8. Was there any rule for material movement?

9. What was the security role?

10. Was there a security post or point?

11. What was nature composition of material such as condemned or scarap or new?

12. What are the rules in dealing with such a theft attempt?

13. Why such incident could be preditcted earlier?

14. Is it an isolated incident?

15. Are there any previous attempts in the place< If so what was action taken earlier?

Being the security consultant, I recommend that the investigation has to be carried out on the same day with all and a detailed report has to be submitted to the HR or admn by the security department superior.

The HR would recommend the line of action based on the SOP. Under these circumstances any employee however good may be he himself eases out voluntarily before the management takes action. It is setback on his morale or his integrity in the face of others. If not found guilty, there comes the headache with multiple problems of IR for the management. Once the guilty is proved, there is no business for the person to stay around in the premises.

V. Rangarajan.

HR and Security consultant

From India, Pune

Similar to this incident, we are also experienced in our company: one of our employee is facing allegations made by our contractor that he took money for processing the bills. But the contractor is not having any proof that he paid the money to the employee. one or two computer printouts are there with some calculations but no hard copy proof is available with him. The company has collected all the official documents, id card etc., from the employee and advised him to sit in house without attending office(orally not in written).

Two times company has conducted internal enquiry with this employee and finally issued a chargesheet alongwith a show cause notice and got the response from the employee.

Now the company management has taken the decision and filed an FIR with police before receipt of reply from the employee.

Till now there is no suspension order or termination order has been issued by the company.

And also company advising the employee to present at inquiry committee without providing any to & fro fare, accommodation, conveyance and other expenses if any.,

The employee is not received salary since July' 09 and the other expenditure reimbursement also.

Employee is requesting company to pay the dues immediately but no response from the company.

Please advise, in this case, what action can be initiated from employee side and company side also.

From India, Hyderabad
Dear Prayas, Give a Police Complaint to the Local Police Station explaining all this issues and also ask a letter from the Ist fellow that 4th fellow also indulged and involved in the theft, then police will clear you, whether the 4th one is involved or not. If he is proven guilty, then goahead by showing the Appointment Order Clauses and terminate him with immediate effect as he has been proven guilty.

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