Octavious
Hr Manager
Psdhingra
Legal Analyst, Hrm
Shilpa.u
Employee
Ash_2503
Software

Cite.Co is a repository of information and resources created by industry seniors and experts sharing their real world insights. Join Network
Hai Friends
After a long Gap………I am posting another one interesting topic for discussion where you can share your valuable ideas/ suggestions/ experience………….
For Example……..
If one employee is misbehaves with another employee…………..it is not only between male and female employee , but also between male and male ……where one employee force another employee either to smoke or drink …..Etc…….
So, friends share your opinions on this topic…..
What do you say?
1 Whether employer is not responsible for this ……as before that he does not know the behaviour will be like this…..
Or
2. Employer is responsible as he/she has to know all the traits, back round checks about his behaviour etc
Put your opinion’s on this topic
Regards
Shilpa

From India, Bangalore
HI,
YES THE EMPLOYER IS LIABLE TO BE HELD RESPONSIBLE,IF THE MATTER IN QUESTION HAS OCCURRED IN THE OFFICE OR BETWEEN TWO EMPLOYEES OF THE OFFICE WHO ARE RELATED TO EACH OTHER PURELY DUE TO WORK ALLOCATED TO THEM BY THE COMPANY.
THE KNOWLEDGE OF EMPLOYER ABOUT THE PAST HISTORY OF EMPLOYEE ISN'T RELEVANT AND THE LACK OF KNOWLEDGE ABOUT THE EMPLOYEE CANT BE TREATED AS A SHIELD OF DEFENSE FOR THE EMPLOYER
THE STATUTE OF THE LAND CLEARLY MENTIONS THAT ITS THE EMPLOYERS DUTY TO SAFE GUARD THE EMPLOYEE WHILE THE EMPLOYEE IS ON DUTY OF THE EMPLOYER.
PLEASE REFER THE LABOR LAWS FOR PROPER WRITTEN BACK UP AND EVIDENCE PRIOR TO YOU PRESENT YOUR CASE IN FRONT OF YOUR SUPERIORS.
THE EMPLOYER IS ALSO LIABLE FOR THE ACT OF THE EMPLOYEE IF THE EMPLOYEE DOES SOMETHING WITH OUTSIDER WHILE UNDER THE EMPLOYMENT OF THE COMPANY.
PLEASE TRY AND REFER LAW OF TORT FOR MORE CLARITY
THANK YOU

From India, Mumbai
There are 2 perspectives on this:

1. The Employees' perspective --> If an employee misbehaves with another employee, then they should first try to sort out the matter within themselves. If it's something like forcing them to smoke/drink, they can frankly refuse if they don't like it. If they feel uncomfortable, they should try to avoid that person if possible. If this is also not possible, try talking to that person and resolve it. As a last resort, they can report to their manager. Again, it depends on the situation. It can't be done at all times. Remember, this is an organization - not a Kintergarden school, where the teacher needs to monitor all the kids. (Nowadays this is also changing :D .

2. The Employers' perspective --> Most of today's organization do a back ground check before hiring an employee. But these background checks will not convey any information about his/her nature. The employer should be aware of all the kinds of people in an organization. He can be a facilitator and counsel the employees in times of need. If the situation goes out of hand, he must take charge of it. He needs to take immediate action if the "mesbehavior" is affecting the morale of all the employees.

I would say both are equally responsible. But the primary responsibility lies with the affected employee. But if the employer senses something's wrong somewhere beforehand, he will be more cautious.


Hai Octavious,
Thanks for sharing ..................
I will agree with you to some extent...........
I just want to know......before recruiting a candiatate we will do verification check , this check is related to only work experiance..............so we can ask for his conduct during his working in the orgainsation...............
SO, OCTAVIOS WHAT DO YOU SAY WHEN THE SAME THING HAPPENS IF RECRUITED EMPLOYEE IS A FRESHER WHO DOES NOT HAVE ANY WORK EXPERIANCE , WHERE WE CAN FIND HIS TRAIT
REGARDS
Shilpa

From India, Bangalore
Hi,
IF ITS CAMPUS RECRUITMENT, THEN THE PROFESSORS AND THE ALUMNI OR
THE IMMEDIATE SENIORS WHO HAVE PASSED OUT FROM THE COLLEGE
IF ITS WALKING THEN ASK HIM TO PROVIDE A REFFERNCE OF A GOVERNMENT EMPLOYEE.
IF THE WORK TO BE ALLOCATED INVOLVES LOTS OF MONEY TRANSACTION THEN ASK THE CANDIDATE TO GIVE A VERIFICATION FROM LOCAL POLICE STATION(VERY EXTREME STEP)
PROVIDE A FORM TO THE NEW JOINEE AND ASK HIM TO GET THE SAME TO BE SIGNED ACROSS BY THE REFERENCE THAT THE CANDIDATE PROVIDED,SUCH FORM SHOULD BE SO MADE THAT THE REFERENCE SO PROVIDED BY THE CANDIDATE UNDERSTAND THAT HIS/HER STATEMENT IS CONSIDERED AS A TESTIMONY & THE SAME WILL RECORDED AND KEPT AS A RECORD

From India, Mumbai
I wonder to see hypothetical replies on hypothetical questions, where background and circumstances of the act are not explained by the person putting the question.

In HR regime any action cannot be taken blindly against any employee unless properly investigated.

Needless to mention, an employer cannot he held responsible for the crime of any employee unless he is made aware of that and in turn he fails deliberately to take any action for that. If he is not aware of any such incident, or nobody dares to bring that to his knowledge how he can be made responsible for that crime?

An employer is not an omnipresent person to be supposed to have seen or knowing every incident happening in his organization. The employer needs be appropriately informed either by the person against whom the crime has been committed or the supervisor or any witness who has seen the act of crime.

We should always bear in mind that any partial and twisted knowledge is harmful to apply.

P S Dhingra
Management & Vigilance Consultant

From India, Delhi
In the matter of law there must be legal provisions to invoke. No one has posted any legal provision so far. But ultimately "Facts and law remaining the same interpretation can be anything as the interpreter lordship pleases.
From India, Delhi
This discussion thread is closed. If you want to continue this discussion or have a follow up question, please post it on the network.
Add the url of this thread if you want to cite this discussion.






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2020 Cite.Co™