Hi
One of our employee has worked for 5 months, he absconded before 10 days.
He prepared a fake experience certificate where he worked and produced to the new employer.
New employer had a background check with me.they scanned me the copy of the certificate.
now the question is that
- if that employee comes again,what was the action to be taken.
- I need a format for general warning circular to all employee mentioning his forgery and to misuse the hospital stationary.
pls help me .
Its very urgent.
Regards
Sumathy
22nd November 2012 From India, Pondicherry
Hi Sumathi
As you said its better to issue him a warning letter. You shall refer to the date he went for interview. You can even issue 2 warning letters
1) letter for absconding for long time
2) for forging the experience
22nd November 2012 From India, Bangalore
Hi Mainly i need the format for making a general circular for all employee as warning in a notice board. I have to mention his name in that circular or as a general warning Regards sumathy
22nd November 2012 From India, Pondicherry
Hey Don’t put it into notice board. You should issue it only to the particular candidate.
22nd November 2012 From India, Bangalore
Certainly you need to take action and must not bear this kind of act of by any employee who breech the employment conditions . Hope you are using relevant terms & conditions for employment /appointment letter such as if employee found with this kind of act can be terminated on immediate basis or having "Mis-Conduct Policy"
You first need to issue him an "Absconded/Warning letter later you can go for termination by stating the reason that he found with this act.
Else issue him a notice in this regard.
Second, there is no need to put that on notice board but to formulate a policy or add that clause (if not using) in appointment letter that can be the very simple way to tackle these kind of issues.
22nd November 2012 From India, Gurgaon
Hello!

You can take three steps;

First send a warning letter to the concerned employee. The warning letter should include:

1. details of the conduct issue of concern

2. what has been discussed with the employee about the issue

3. what the employer will do to assist

4. an action plan of what steps the employee needs to take

5. a reasonable timeframe in which the changes or improvements need to occur.

Ensure that the employee receives the warning letter and document the details of providing the letter (e.g. the time, date, who was there, what was said, etc.

Secondly, the matter that you can include in such internal circular (not on notice board);

Kind attention: With reference to clause (so & so) of appointment letter every individual employee is required to serve ONE month notice period. Recently an employee of our company had left the organization abruptly without handing over the responsibility & serving proper notice & hence he has been declared as ABSCONDED. Further to this, it has come to company's notice via reliable source that the employee has also entered in a criminal event of forgery by preparing a fake experience certificate. The company would be taking strict disciplinary actions against the same.

It is unethical on part of the employee to do so. You can draft this properly as per your company standards & motto.
22nd November 2012 From India, Ahmedabad
Hi
Basically if the background verification we found in the sense,Employee did mistakes we need to collect his original certificates and we need to collect the letter from his end. If he try to looking for another opportunity we wont provide relieving documents.
Regards
Latha.J
23rd November 2012 From India, Chennai
Hi All,
I would also like to share an incident of cheating / forgery / misconduct.
One of my colleague wrote a letter in my name and signed on my behalf without due consent / permission from me for writing the letter.
I think this as something which should not be done in eyes of law. He deserves punishment.
PLEASE HELP how should i proceed.
Regards,
Mousumi
24th November 2012 From India, Chennai
Hi every body
I have got low performance rating in my appraisal by Boss without any justification he never discuss with me abut my job out puts.please help me i want to complaint place with HR for conflict Please write me sample of complaint for justification.
Thanks
Positive Men
30th November 2012 From Pakistan, Hyderabad
Hello Please help me I have conduct a domestic enquiry against habitual absconder employee all charge have been proved please help me how I write findings of this enquiry Thanks (Nadeem Iqbal)
4th July 2013 From Pakistan, Hyderabad
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6th July 2013 From India, Bangalore

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Dear Nadeem Iqbal, First you start from showcause notice and than after discuss his absent more than 10 days. and lastly why you think his charges are proved as per act.
21st July 2013 From India, Ahmedabad
Dear Sumathy,
As per the whole thing is concern the employee has abide the rules of the company as well as it ll affect his own career. Looking at some point, it is very important that before taking any such step against him, issue a warning letter & take his view as why he did such forgery.
I have attached a copy hope this ll help to make the circular letter. U need to change the wordings.
17th May 2014 From India, Bhubaneswar

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#Anonymous
Hi Sumitha,

If the person absconded from work without information then wait for 10 days .as per law if the person abscond without knowledge then the job can be terminated with subject to notice served to present/permanent address after 3 days of lapse of abscond from duty.Regarding the fake experience certificate,the certificate submitted by him is signed by past employer,so verify the past employer verification with signature.If found correct then the employee don't have any mistake though the past employer issued several work experience certificate to un- employee candidate.So,the past employer done social justice for employment to earn and survive.There is no such law to punish the employee.Yes,if the employee submitted the fake educational credentials then the law binds to punish him with fraud,cheating case.So,work experience can be observe by by interview process.Again,you can't issue any warning or showcause letter to employee for previous employment except illegal activities done in the current organization .My special suggestion not to become judge though in the appointment letter written back ground verification as it passed by certifying officer ( Labour Commissioner),but the certifying officer is not a law maker.There is no such law else it may challenge in the court of law by any employee latter actual of employee and penalization to employer.

I disagree with Hiral Mehta,Anil Arora for wrong suggestion as no rights for action against employee with subsequent reason by contravene the eye of law.

Also disagree with Latha-Jadeesan for holding the relieving letter,don't think that you are the law maker and holding legislative power .If employee wishes ,he/she lodge a complain for conciliation in the State Labour dept,if the employer unable to agree for employee request then it will go the civil court for verdict in Labour Court,High Court,SupreCourt etc pls don't invite the disputes always solve the maximum extent by well wishing for future achievement.
4th June 2015
We are from Human not a CBI personnel. Most often we hear that after joining an inquiry is been made by the new/present employer. Why??? At the time/recruitment process why it is not done. Almost all the company does it - later CBI inquiry??? HR being the role model/environment enrichment - enjoy such kind of job.
We as HR is there to develop sounding envrionment. Now if the recruitment done by the consultant then you shall charge them/ or the recruitment officer????
This sound quite unethical that new employees joins and you start doing all kind of inquiry.
Yes i agree the person has done wrong by WHY??? He may not be enjoying the present work profile/company/CTC what ever may be???
Just give him best wishes an end it
5th September 2015 From India, Vadodara
#Anonymous
Hi Sumathy,

First,
There is a procedure for termination of employment without notice by the employee like 1. ,If the employee did not communicated a information with reason behind within 10 working days then employers can terminate the employment with subsequent notice to the employee.If the employers does not receive any information within 3 working days for absenteeism by employee then the employer can issue a notice to employee for reason for absenteeism,if not revive the reply within 10 working days then the employer can terminate the employment.Again,the employee will shows the reason for medical ground then the employer is bound to re-instate in service by the eye of law.

Second,
If the employee made any forgery to educational certificate then the criminal case will be impugne else ther is no such law provision for forgery of experience certificate as maximum establishment are supplying such certificate to the candidate for getting jobs except government organization.Even the organization/establishment are supplying the experience certificate where several employees are working in that organization/establishment are real experience achieved by doing their work.So,the employee of that establishment/organization should not suffer in their career by taking remuneration from that establishment/organization.In between the organizations/establishment are supplying the experience certificate to other candidates by maintaining the all records.If the employee made forgery by making fake experience certificate then the organization/establishment can lodge a case against the candidate who utilized the organization/establishment documents.But,the letter head can be done outside without taking the organization stationery. So,nothing can be done to any employee/candidate as the signature is not authenticate & invalid.

Manoj Kumar
B.Sc,LLB,PGDBA
9th September 2015
yes i agree with Nagamitkumar. Because may be he doesn’t like current environment and CTC and etc....
23rd September 2015 From India, undefined
Hi
absconding from job duties falls under wellknown disciplinary procedure drafted by your company.the employer has every right to controll misbehaviour of the employee...
So go ahead....
Secondly....u have asked for general warning letter...i dont think u have no such capacity to draft a letter....
Mention this caseand put it on notice board ..no problem...
Abdconding from duties on enough medical grounds can be bearable.. In this case absconding and forgery needs public attention obviously.
Go ahead to draft a warning letter applicable to all....and another memo to the employee for breach of contract...to work there...
I think u have understood well
. U can do alot
18th July 2017 From India, Nellore
#Anonymous
Hi Sumathi,
The background verification done by third party by taking genuine information can not be acceptable by the court of law.Only verification done by Legal person called commissioner e.g Advocate or police deputed by court only can be acceptable as per constitutional rights deputed by the court only.Regarding forgery of office stationary should be proper inquiry through FIR else same can be re-print by the offset/screen print machine but signature can't be match .I think you can not proof that he has stolen after leaving office. If the person abscond without notice e.g without submitting leave letter or any slip & absent for 3 days or more then your duty to serve a notice to his present/permanent address to take information for such absentism,if you are not receiving any information from him within a 10 days of absentism then you can terminate his job as per employment law by supplying letter through registered post to his address.Further,the employee taken shelter for treatment at hospital for health problem outside residing address or permanent address then you have to consider by reinstate in service by proper inquiry from concern hospital in written format.
I think it clear,don't issue any warning letter without any sufficient evidence to any employee else dispute will be raise prejudice to court..
Manoj
Advocate
21st July 2017
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