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he has committed fraud which amounts to misconduct.since he no more in our employment we can not take any action.
it is the duty of employer to issue pay slip to its employee evry month . no one has a right to ask for duplicate pay slip/salaryslip.
dont issue him such paper and let him apply why he wants three months salary slip after leaving the job
also ask him to give in writing why has given fake documents.
if u appointed him at higher salary on the basis of such document then u may issue this point is remark column which will save the other employers from such frauds.

Hello Tajsateesh,
You are absolutely right my Director is more off egoistic person. He can bear if anyone is using his company's name. He always like to dominate his employees.
That ex-employee came to office &begged before him to not to take any action. As his current company is also taking action on him. Even after all this my director is sticked to his dicision.
Anywazzzzzzz, I thank all of you for your replies.
Thanks

Well, the company is very much in its right to take legal action against any person for fraud (which is what the fake pay slips amount to) which involves its name and documents. It does not matter that the person is no longer your employee

As such your director is right in stating that he will file for legal action.

However, it is not a civil case but criminal.

What you need to do is go and file a FIR with the local police station. They will investigate the matter and if they find the complain true, they will be bound by law to have the person arrested and pursue the matter in court. Irrespective of whether that happens, the police record is created which will show up in future somewhere.

The matter coming to knowledge of the remaining emoloyees, being publicised in social media, etc is not a negative if handled properly. Instead of being defensive, you will need to take a stand that your company does not tolerate fraud. Anyone else who was planning to do such a thing will definately not try it.

At said, I hope you realise how corrupt the police in our country is. Filing FIR and the subsequent follow up with them, etc will cost you money. They don't do things on their own, but need to be pushed and prodded with a good amount of cash needed to lubricate the process. Please enlighten your director on that part. I do not think that It is worth efforts.

As for his pay slip copy, after you have completed your full and final settlement, you are under no obligation to give him anything more, specially in view of his fraudulent activity. In general, HR will gladly generate pay slips and give it over. But in this case, you can refuse to oblige. With the threat of criminal prosecution, I double if he will bother to come again or to file a complain. Ofcourse, I see no purpose in denying him the pay slip copy just for the sake of it. If it gets rid if him and reduces the distractions from work, you might as well give it to him

Dear Prakriti,

In addition to what the other members have shared. Please check whether he has mentioned CTC or salary. If it is CTC then he could had added on his entitlements such as bonus, incentives, PF contributions, Superannuation, Leave encashment, Gratuity, Welfare and all other expenses incurred by the company on his behalf. May be that is the reason he is seeking the past 3 months salary slips.

As a general guideline whenever we give reference to an employee who is no longer with us, seek an official mail from the person seeking reference and then respond. If the employee has joined a competitor company in my opinion you are not obliged to produce a salary slip for the past three months (as one member already mentioned employer - employee relationship does not exist). However if it is not so then depending upon his mode of exit (If he has served the full notice period and has been an excellent employee, who can even be re hired if such a situation arises), you can issue a salary slip. Because if he is unhappy in his prospective employment he may revert to you for re employment.

The other caution for employers, outsourcing reference checks - Many companies do the verification over telephone, on some occasion they obtain information from employees not authorised by the company to provide reference checks. On some occasions we tend to lean on the information provided by these companies and occasionally loose good candidates.

M.V.Kannan

Well, the OP was talking of salary slip So it can not be considering ctc. Even if he were to be given a salary slip, it would not have ctc.
Criminal action as per IPC section 468/471 can be instituted aganist him. File FIR at Local Police station .
Dear Ms.Saswata Banerjee,

I fully agree that the components of CTC will not be available in the salary slip, but the CTC components can be derived from the salary slip. In our company we seek the offer of appointment of the previous company and also the salary slip for the past three months. The reason for this is cited below.

For example if the candidate has produced his offer of appointment of the previous company in his current employment and the letter states that he is eligible for the following

1. Medical reimbursement equivalent to one month Basic salary.

2. LTA equivalent to twice the Basic salary.

3. PF @ 12% of Basic + DA

4. Profit sharing incentive will be computed as a % of the annual Basic salary.

5. Superannuation equivalent to 15% of the Basic + DA

If he produces the salary slip of the past three months the current employer can derive the aforesaid components from the salary slips. You aare also aware that the Gratuity liability can be computed from the salary slip.

In some companies Medical reimbursement eligibility and LTA eligibility is indicated in the salary slip itself. Likewise the canteen/ transport subsidy will also be reflected in the salary slip (as this is deducted from the employee's pay packet).

Trust I have clarified the matter.

M.V.Kannan

Dear Saswata,

In your post, what you are proposing is to take legal action against the ex-employee.

However, Saswata, please tell me what purpose it serves being vindictive? It is nothing but waste of time. Business leader's time is very precious and one gets ROI on the investment of time as well.

Let us go back to the simple definition of organisation. The very first chapter of management science teaches us that organisations are "entities created by individuals and groups, who work together towards a common goal in a coordinated and rational manner". Therefore, while taking every single decision, business leaders should ask following questions:

a) Will my action or decision serves a business goal?

b) Will my action or decision bring coordination in the company?

c) Will my action or decision uphold rationality?

At times big industrial accidents have happened because of the negligence of the industrial workers. Because of the bugs in the software that software engineers created, their client lost big revenue. Now in such cases, should the organisation start being vindictive and filing suit against the employees? At best they are terminated and the organisation moves on.

Terrorists had attacked Taj Hotel in Nov 2008. Later for almost 8-10 months Taj Hotel had lost their business because terrorists had wrought havoc on the hotel interiors. Should Ratan Tata have launched private army to take on terrorists of LeT?

Foregoing is a part of going forward. If we start settling the score anywhere and everywhere then we will not attain our major business objectives. Leaders are leaders because they understand the primacy of the business objectives.

Thanks,

Dinesh V Divekar

I did not propose to take action against the emoloyee. The business owner / director decided to do that. Members were giving a wrong information that no legal action can be taken. That is wrong. Legal action can be taken.

Purpose, the owner is best placed to take.

However, if someone is involved in fraud, one that involves the company or it's name, well I would not advocate keeping silent. That would encourage others to try again or to take further liberties.

The example you are taking is a wrong one

If the crime was of fraud, Tata would have taken legal action, they have done it in case of Tata capital and a few others. Theynhave filed fir against ex employees in cases where they thought necessary. They are not capable taking on terrorists and it's not their work. That is the duty of the Indian government. The Tatas have left it to them.

If you saw my original post carefully, I have clearly put a rider in it. That the police is going to do nothing unless there is money paid to them to take action. To inform the director of company of the amount of money and efforts that will go in and let him decide whether it is worth it.


what action a company can take when he finds that the employee have provided a false experience certificate and salary slip

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