Tsivasankaran
Consultant
Executor
Start Up Consultant
THIAGARAJU
Chief Personnel Manager

Friends
An employee was found to be appointed on production of false documents after 23 years of his appointment. whether Disciplinary action followed by termination could be proceeded upon. may I have judgements on such cases.
I have a personal opinion that he has now become unemployable , then in that case whether any lenience have been shown by courts
Thanks
Thiagaraju
22nd July 2013 From India, Madras
At he outset I would like to clarify that initiating disciplinary action is not dependent on the fact whether he is employable or unemployable.

Generally disciplinary should be initiated immediately. For example, one can not initiate action for theft or absenteeism or misbehavior which has occurred 23 years back. Even for that matter , for misconducts committed ix months back or one year back.

However, providing false information at the time joining warrants action irrespective of the years passed.

Again the degree of punishment or action could vary depending upon the nature of information

1. If it relates to age, then retirement date could be modified. You can refer to many judgments relating to Government employees.

2. If it relates to address, it may have no bearing on the job and action is not warranted.

3. If it relates to qualification, and if he has produced fudged documents to mislead the organization for his qualification, probably management can take a serious view and terminate him..

I am not aware of any judgments on this subject . However, I have read a few judgments in respect of Government employees for giving false community certificate for obtaining employment in reserved quota. Please remember, that providing false certificate to get a job in reserved quota is a criminal offence and the person can be behind the bar .

Fudging any document is a criminal offence . The Management can refer the matter to the concerned department. They in turn can take criminal action. If he is proved guilty, he will be imprisoned and the management has no other option but to terminate his services.

Before initiating action examine

1. Under what circumstances he has given the false information

2. Has it really affected his contribution

3. Has the Company suffered any loss because of the false information

4. Has it affected career opportunities of others

If you can provide with exact information, more accurate advices will come from more members
22nd July 2013 From India, Chennai
Agreed that fudging and submission of documents was unethical, illegal and all of that. However, Sivasankaran's last 4 points are very important to give the case the subjectivity AND objectivity required. Without knowing the nature of the fudging in this case it would be very difficult for anyone to suggest a course of action. If the indiscretion is minor in nature, and the employee in question has served your organization very well without any other instances of falsification; you could also have disciplinary action like missed increments, demotion, inter departmental transfers etc. However, if it is a case of false community services or such like, he/she should be punished as per law.
22nd July 2013 From India, Mumbai
Dear Thiagraju

There are judgments on either ways in favor and against. Court examines- the reason for delay on whose onus it was. In case of joining the employer is also supposed to verify documents thoroughly and at the same time the employee takes an oath of allegiance that he is providing all true information to best of the knowledge.

Court may further examine a) the facts that are hidden or provide false- its implications on the company b) the time frame- the length of services c) procedure followed before termination d) the quantum of punishment.

# Kendriya Vidyalaya Sangathan vs Shanti Acharya Sisingi on 16 November, 2010

# Balbinder Singh vs Union Of India (Uoi) And Ors. on 5 July, 2006

Now as a HR manager- what are the implications on the company of the employee producing the false document.? What were the circumstances? Otherwise how is the performance and integrity of the said employee?

You may end with punishment less than "termination" and avoid the legal complications.

Regards

Shailesh Parikh

Vadodara, Gujarat

99 98 97 10 65 / 85 111 0 35 27
22nd July 2013 From India, Mumbai
#Anonymous
Dear Seniors,
We have a staff, who has been working with us since December 2008. Her performance is very poor and also she cannot get along with other staff members. She thinks that no one can take her out from job. Because of her attitude and performance no one wants to work with her. I have shifted her from one plant to another and last six months I have shifted her to office, from where I operate, but it seems there is no improvement. The management wants to terminate her, and hence, I have tried all possible levels to make her understand, but without any success. She is around 45 years with two grown up kids. Now the management has asked me to terminate her service. I have also issued warning letters, and i feel she will not resign, as she has been trying to switch over, but cannot get a job anywhere.
I need guidance from seniors to proceed further in terminating her services, as there is pressure from management to do so, as she cannot improve.
Regards,
24th July 2013 From India, Pune
I feel you have done enough and should simply ask her firmly to resign immediately with the message going through that if she does not do so you will have no choice left but to issue a termination letter. If she feels no one can sack her, you will need to very firmly [without looking/sounding "helpless"] tell her that's not the case. Remember, as an HR professional, you have already given her enough opportunities to improve and gone out of way to accommodate her challenges; but your primary duty is towards your organization. And there's absolutely no harm in letting people who bring down efficiency and office culture go. Keeping her any further might be very detrimental to the office and set very bad precedents.

As a professional you should ask her to resign TODAY. Failure to do that reflects negatively on you. Do make sure you make her exit simple and settle her claims (she is not eligible for gratuity) quickly.

For draft/sample termination letters - please do a simple search on this site among the downloadables and you will get quite a few.

One friendly warning in this case is: in her relieving letter or reference checks, while you should not be very negative; also try not to give her high praises. A future employer might end up hiring her and then have a negative image on you and your company once truth dawns. Point is, do not be negative and hurt her chances of future employment, but also be careful not to go overboard in helping her get that job.
24th July 2013 From India, Mumbai
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