Dinesh Divekar
Business Mentor, Consultant And Trainer
Saswatabanerjee
Partner - Risk Management
Tajsateesh
Recruitment/talent Acquisition, Career Counselling
Nashbramhall
Learning & Teaching Fellow (retired)
SAIBHAKTA
Retired From Air India
Dilipbhandari
Dgm-hr , Rajhans Group.
+6 Others

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Hello...
One of my company's ex-employee have submitted fake salary slip with higher salary to his current organisation. I came to know this when we recevied an ex-employee verification mail. We informed the same to his company.
Now that employee is calling HR dept & demading for his last three months salalry slip.
Above all situation I have informed my director to which he told me to reply that ex-employee & inform him that, he is liable for legal action by the company for subbmiting fraud documents.
Please suggest me in this case what is needed to be done. And please what would be the proper draft to inform the employee about the same.

Dear Prakriti,

Falsification of documents at the time of employment has been defined as "misconduct" under the provisions of Industrial Standing Orders Act, 1946. Therefore, employee's company can take action against the employee under the provisions of this act.

Now employee is no longer on the rolls if your company. Therefore, employer-employee relationship ceases to exist. Against this backdrop, how can you take action against him? Yes you can take action against the ex-employee provided the fraud or misconduct or default relates to your company in any way.

All that he is asking is duplicate copies of his salary slips for the last three months. What is illegal in this request? Let him put up proper application, let him write why he wants it and you issue him the duplicate salary slips. Take signature for the receipt.

How to handle misconduct for "falsification of the documents" is the prerogative of employee's current company. Let them settle this matter the way they want. When that company had approached you for verification of salary slips, you have provided the authentic information. For you matter ends there. In English there is a idiom called "passing the buck". In your case, you wish to do opposite and "take over the buck"?

Last note: - While addressing seniors or seeking some advice from them, you cannot address them by "Hello". It should be "Dear seniors".

Ok...

Dinesh V Divekar


HI Prakriti,
Mr. Dinesh is truly right here, we cannot action on any person after he/she have already joined the company or received the offer letter / appointment letter from the co.
Dear Sir,
Correct me if i am wrong here.
Regards,
HIREN POPAT

Dear Prakriti,
Mr. Dinesh briefed and cleared points properly. Even after your query and your Director ask you to take action against ex-employee for fraud salary slips produced, in that case if you want to take action in other way :
- Utilization of company logo on salary certi, Utilizing letter head, fraudulent signature of authority etc. in civil court.
If I am wrong pl correct me.
And at last I suggest to leave the case altogether and let his current employer settle the issue.
Thanks.
Dilip

Hello Prakriti,
Further to what Dinesh has rightly mentioned, the ONLY action that can be taken against this ex-employee is by HIS PRESENT COMPANY for submitting false docs during appointment. And what they do [or don't do] is NOT in your purview/control.
You mentioned that 'We informed the same to his company'--was it only that this individual faked the salary OR were the details of the Correct Salary passed on?
Also, was it ONLY the Salary Slips that were faked by this ex-employee or any other documents [like Experience Letter, etc]?
Rgds,
TS

Seniors with experience have already aired excellent views. Hence, let me ask a few questions.
What exactly did you find out about the falsification? Has he hyped the salary he got or has he estimated what he would have been entitled to in the form of bonuses, had he continued in the employment till the end of the year with you? Why is his demand for copies of his 3 month's salary slip an issue? I also wonder whether you issue salary slips to individuals or just pay them without a slip? I raise this question, as I used to get salary slips from my employer even when my pay pent straight to the bank. I used to keep copies in my filing cabinet for future reference.
In case you have not issued salary slips, I find his demand reasonable. Don't you?

Dear Seniors,

I thank you all for your valuable comments.

The mail I recevied was from third party for verification. And the salary mentioned in the fake salary slip was high.

After reverting back the mail about the fake salary slip, his current company has demanded him previous company's last three months salary slip. Also, they are about to take some action on the employee for submitting false documents. No other documents he has submitted.

We dont provide salary slips to employee every month. Its issued only on demading the same with proper email & reason.

Also, I totally agree with that we dont need to take any action on him. But, only his current company can do it if they need it.

But, my director want to file a legal case againt him. When I informed that ex-employee about the legal action against him, he was begging & crying like anything. He was pleding to not to take any legal action against him. But my director is not ready to listen anything.

So, in this case what is needed to be done.

Thanking You.

Dear Prakriti,

I find certain anomalies in what additional information you have given. I have typed my comments in italics.

After reverting back the mail about the fake salary slip, his current company has demanded him previous company's last three months salary slip. Also, they are about to take some action on the employee for submitting false documents. No other documents he has submitted.

Anyway it is that company's call how to handle this matter.

We dont provide salary slips to employee every month. Its issued only on demading the same with proper email & reason.

This practice is against Payments of Wages Act, 1936 and also Shops and Establishment Act, 1948. It is mandatory to provide salary slips to each employee every month. You may provide e-salary slips after obtaining permission from the labour office of your area.

But, my director want to file a legal case againt him. When I informed that ex-employee about the legal action against him, he was begging & crying like anything. He was pleding to not to take any legal action against him. But my director is not ready to listen anything.

On what count your Director wants to file a suit against that ex-employee? As of now you are a third party and legally speaking you do not have locus standi. At best your company can be witness on behalf of the current employer. This also will happen provided that company files a suit against the erring employee. However, if you decide to file a suit then please go through the last sentence of my previous post once again..

Last comments: - sometimes I wonder why business leaders lose focus. Earlier there was a post on how management filed suit against union for prohibiting them from hoisting union flag in company premises and won the case too. How does your Direction's action of filing suit against employee fits into overall business strategy? By engaging in these trivial issues how are you going to take on your competition? Anyway if he really gets into thick of this unwanted issue then god bless him!

Ok...

DVD

Hi All, Quick Question though.. Do HR share the employee’s payslip with other companies HR..?? Isn’t violation of privacy..?
Dear Prakriti,
Mr Dinesh Divekar has rightfully answered your problem.I am also at a loss to know why/how your director is thinking of taking legal action against that staff ? Have you people realized that if this is done the court shall ask for all documents and failure to produce salary slips or having a practise of not giving salary slips shall invite flak from the court ?
S.K.LIMAYE
MBA(HRD)


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