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Hi Friends,

I am new to the profession. Please kindly guide me by answering my question.

One of our employee in our organization caught for malpractice. His roles in our organization is under bond for 5 years. He passed 1 yr of experience at our concern. 2 month before he took a long leave. after our often call. he replied he was injured in an accident. we asked him to submit medical certificate. a month later he submitted a medical certificate stating a person must take 1 month of bed rest.Then after he can join to your concern. The certificate dated 01/10/2012. After a month he didn't joined. We replied the same to submit another medical certificate. instead of getting medical certificate. he took xerox of old one and changed the date by himself as 21/12/2012. we finally caught of his malpractice. After our enquiry he accepted his act.

Reason: He is not willing to join back & he is not willing to pay bond amount.

His attitude is completely rude at our conversion. We told we will to provide experiance certificate. for that he told, i am having your organization letter pad. by that i can create experiance certificate on my own.

problem is, we are not collecting original certificates from anyone. we are enhancing with their copies.

his malpractices

- changed the date of medical certificate on his own

- somehow he stole our organization letter pad

- he is going to create is experiance certificate on his own

This kind of persons should be punished

- I just want to know the legal terms of punishing the employee for malpractice

Please kindly share your opinion

Regards,

Selva
From India, Chennai
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Hello Selva,
To go legal, you need to have PROOFS.
More than focusing on his medical certificates, suggest put your IMMEDIATE focus on his having your Company Letterheads [the medical certificates, Bond can come later]. That will become criminal--since he CAN misuse the letterheads for any other purposes also--could be MORE SINISTER [not just to type-in his experience certificate].
Suggest call him politely for a discussion [as if you are willing to negotiate] & take a Video of the discussions for evidence. Get him to admit--ON-CAMERA--whatever he told you so far informally.
Also, suggest involve your Company Legal counsel BEFORE your discussions--he/she will know what evidence is admissible with Police/Courts. Your employee's offences COULD include counterfeiting/forging, theft of company property & more--IF you can collect the evidence [obviously you won't get any chance IF he gets to know your plans].
All the Best.
Rgds,
TS
From India, Hyderabad
Hi
just take a chance by informing him that the organisation is exploring the possibility of filing a criminal compliant as letter heads of the company are missing and there will be every likelyhood of misusing the same.
regards
prakash
From India, Madras
Hello Prakash,
If the company takes the stand you suggest, the guy will OUTRIGHT even deny having said 'he has letterheads'.
It will be, to my mind, a VERY COSTLY chance the company would take.
Rgds,
TS
From India, Hyderabad
Dear Selva , This is a serious matter and should not be let off just like that. Looking to the mischief potential of an estranged employee keeping company letter head, a police complaint is needed. Before that, as suggested by TS and in consultation with your advocate you can devise a method to fortify your case. At any rate I would suggest that a press advertisement be issued disowning the employee and warning the general public. You may also look to the means by which you can enforce the bond. There are many practical steps available to enforce the bond and your advocate can help in this regard. This should not become an example to others. Regards
KK
From India, Bhopal
Dear Selva,

There is no need to get panic. I have gone through views shared by various members. Everyone wants to take up this issue seriously wherein an employee is trying to play a safe game and he may be a wise guy or a BIG FOOOOL. By the way, i am having expertise in COUNSELLING EMPLOYEES & STUDENTS. I am fond of studying HUMAN PSYCHOLOGY OF BEHAVIOUR & ATTITUDE. Most of the time i had succeed in making them understand about the GROUND REALITY as many were confused, mislead and that made them to take IMMATURE DECISION.

Before posting your query, did you ever try to find out as why he is not interested to continue with your firm?

What is the major reason that made him to take concrete decision?

How healthy is the relationship between him and his superior?

On a scale of 5, what is his superiors rating for his attitude & behaviour during his 1year service period?

If he is working in a team, how healthy is the relationship between him and his team members?

Did you try to collect feedback about his activities from his colleagues?

Are there any complaints registered against him during his service period?

How did he succeed in securing your company letterhead?

Most of HR are lacking COUNSELLING SKILLS. They can't even COACH employees in the RIGHT DIRECTION. You need to understand the psychology of employee before taking action against him. Such cases are common and found in organisations. Try to solve the puzzle rather taking decision which may spoil his career.

Feel free to call me as i reside in Chennai.

With profound regards
From India, Chennai
Hi Selva,

Just wanted to know what was his role in your organization, as he had to sign a bond of 5 yrs? I fully agree that he had done wrong by cheating the organization and taking all of you for a ride. But it is also bad to make a person sign a bond for 5 yrs, incase his role is not crucial.

As Mr. KHADIR suggested did you speak to him, and try to find out why he is behaving in this manner. There will definitely be some problem, it can be official or even personal. I do know about a case there a person used to behave rudely with new recruit's as they had signed the bond, so request you to check all the possibility.

Mr. kknair, just want you to know there are many who take the company letter head and misuse it, but for that you don't go and make police complaint, I also don't agree with press advertisement, sorry I don't think he has killed any one. Please remember he is not so smart so he reveled that he has taken the letter head, otherwise he would have kept mum and misused it.

Now a days most of the organization go for employee verification, at that time you could reveal the details to the concerned person, but once again would like to request you to have a word with him and try to sort the matter. Incase even then you have issues then sack him, why you want to keep some one like him in the organization.

Regards

Anita
From India, Mumbai
Selva,
there are lots of issues here. first, get that letterhead back. second,review your procedures .....how did he end up with the letterhead. even if he is authorised to have it , how did he take it away .....third, if he doesn't want to stay u can't keep him.....he is an unwilling worker. review your HR practices. they seem to be out of sync with the employee aspirations.....forlegal action ask your company legal counsel.....
From India, Pune
I want to share my experience with you members. During bond period, if a employee had come across any decent offer, he/she will try his best to secure that job because he/she found it lucrative. At times, such employees had a very good understanding with the new company HR, they both came to a mutual understanding, drafted a plan which was later executed just to get rid from his/her current organisation. He/she may change his/her attitude and behave rudely, may down grade his/her performance drastically, make his/her superior angry/irritated leading to termination of his service. This is only found in IT INDUSTRY.
With profound regards
From India, Chennai
Dear Ms Shelva,

It's very surprising that your Company ask for 5 years bond that too without any thing in return. The practice of 5 year Bond itself is questionable under law and not enforceable in any court of Law, As you told me that you are new in this field, please under stand all these contracts are just for the mental satisfaction of creating and pressure on new employee otherwise most of the agreements/contracts are unenforceable. So forget the issue of Bond unless you have any security like his Original Certificates etc. Now come to letter head so in this age of scanning and digital printing you can even make the letter head or stamp of President of any Country so don't worry if he uses this letter head any ware for some malicious purpose your company can sue him in Court of Law. Otherwise what is the use of such employee in the Company. Suppose you force him to rejoin and then if he starts harming Company from inside what can you do as all the actions or minor negligence can't be taken to Court of Law or if you wish to do so then your Company Management will just spend most of the time on these tinny matters instead of doing any business. On other hand any Company with employee friendly policies always grow and companies with difficult exit policies are having low productivity as many of their employees are just working as a bonded labor without any real interest in work. So it's always best to let employees feel at home and concentrate on work and perform their best till they are in Company. I agree with Mr. Khadir if an employee has decided to leave he too can create such a nuisance that you will feel happy to sack him by paying him the notice period salary too. One most important point or free advise to you, Never Forget once any matter reaches labor Court it's very difficult for any company to come out unharmed as there may be only 1% of Indian Companies who follows labor laws in total and maintaining all the records and following procedures as required under labor Laws. Being an Advocate I know most of times courts are generous to employees unless he has committed some financial embezzlement. So please be care full and never push any employee to that extent that he reaches the Chambers of any Advocate.
From India, Delhi
Hi,

In service jurisprudence ,employer employee relatiship is based on trust.When trust is lost the relationship is lost.Loss of confidence on the employee is a serious allegation and it may warrant HR Counselling and disciplinary actions immediately .

Disciplinary action against an employee can be initiated for misconduct under service rule which is violation of any standing order or conduct rules framed by the organisation.

More serious form of charge is the criminal miscoduct such as criminal breach of trust and forgery with the documents or offences involving moral turpitude which in this case is cited.

If there is no financial loss to the organisation,the employer generally does not go for initiating criminal action against the delequent employee,rather go for HR counselling first.After HR counselling if no perceptable changes in the employee behaviour is visible go for Disciplinary action for punishing the misconduct.

Employer is the best judge to decide whether to go for disciplinary action or to initiate a criminal charge for offences involving moral turpitude.Establishing a criminal charge is very difficult in the court of law as superior qulaity of evidence is required to be produced to prove the charge conclusively to warrant conviction under IPC.But in deparmental proceedings preponderences of probality is sufficent to punish an employee.

That is why in this type of ifractions/petty offences, employer should optout from charging an employee for criminal misconduct,rather may go for for disciplinary proceedings for misconduct in employment , if HR counselling fails.But the ground reality shall be judged by the employer only.

Wih regads

S.G.Bhattacharjee

Guwahati
From India, Guwahati
Dear Selva,
From the legal jurisprudence point of view your stand might not be viable in the court of law.
1.) What is the nature of your employment bond 5 years one can file a complaint under bonded labour if you don\'t provide the justification for 5 year bond
2.) On the letter pad how are you going to prove that he didn\'t work for you if he did what reasons would you assume for refusing to acknowledge his employment with you.
3.) Finally if I am his council i would recommend him to use the letter without signature mapping for the exact days he worked.
I can understand your anger with him due to the rude behavior but it would be hilarious to sue someone for a 5 year bond or lost letter pad
From India, Bangalore
Hi All, Is there any legal laws for the company to give the such permission or half day leave to employees. Please confirm. Thanks in advance. Regards, V. Divya
From India, Chennai
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