Raj Kumar Hansdah
Shrm, Od, Hrd, Pms
Sr. Executive - Human Resource
Company has to pay the salary by obligations & it is not denying to pay. The main concern is that there were so many new things invested on that profile as newly startup, after so much time, resources that recruitment was done. Due to termination the plan got delayed & important project got delayed. So this is the loss to company. In such a scenario, can company at-least charge the amount to candidate which can be directly deducted from the salary of the candidate as a action against false information?
20th September 2013 From India, Pune
In this case, candidate is asked to leave without salary & documents for his employment.But i would suggest this decision should be taken only after one on one discussions with him, finding out the reason behind it and on this basis of his reason and genuinity things should be taken further. But priority would be only with Management whether to hire him or terminate him.
20th September 2013 From India, Kalyan
J S R
20th September 2013 From India, Hyderabad
21st September 2013 From India, Mumbai
Without going into much controversies, please be sure that the employee has to be paid full wages for the period he was on the Roll of Company. I met with a similar case in my career. The employee concerned has given wrong caste certificate and get benefit under that Category. After about 12 years a complaint was received. The certificate was get verified provisionally and it was found that the complaint had some material. The employee concerned was placed under suspension. The departmental inquiry continued for about 4 years, the employee continued under suspension (this is not the case with your employee) and after completion of inquiry, the employee is about to be terminated. But he is being paid subsistence allowance as per Standing Order provisions, though the charges have been proved but termination order is yet to be issued.
So Dear Sir, please rest assured that the employee who is on roll and is marking his presence is entitled to salary/wages for the period. Proving of charge of submission of false certificate and termination are separate issues and should be dealt accordingly.
22nd September 2013 From India, Jabalpur
I appreciate your answer, alongwith the case cited.
Also, I would like to reiterate again that payment of salary for the period the employee was engaged; and submission of false certificate are two different issues; and should be dealt accordingly.
There are several cases, where such matters were detected after years !! It does not mean nor entitles the company to recover all the salaries paid !!!
22nd September 2013 From India, Delhi
If your company is to be successful, it will rely on getting the right people for the job.
It is time to review all of your processes, retrain your staff to follow those processes, and then you will be better placed to ensure this does not happen again.
23rd September 2013 From Australia, Melbourne