What Is The Effect Of Criminal Case In Employment? - CiteHR
Labour Law & Hr Consultant
Harsh Kumar Mehta
Consultant In Labour Laws/hr
Manager - Human Resource
Labour Laws
+1 Other

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Dear sir/madam,
I would like to know what will be the effect on one's employment if he/she is named as an accused in an ongoing criminal case in a magistrate court?
For example, if a male employee's wife has given a complaint against him for dowry harassment and domestic violence with the police. And in turn the police files a FIR and Chargesheet in the court and the case is currently under trial, what will be the effect of this on the man's job? If the wife writes to the employer (Cognizant) about her husband criminal case, will he lose his job?
Please advise. Thanks.

I personally feel that, unless & until, result of such event is not effecting to his employment, till employer can't be take any action against him.
But, in such cases, many times accused need to go to court & attend the court hearing, in that, case, he need to take many leave or absents, then if such leaves are not approved by company or his supervisor, in that case, company can take action against him as habitual absenteeism OR (&), authorized absenteeism.

1. The facts as mentioned by the initiator of this thread are taken into account by the Government authorities in respect of employees of Govt/Public Servants and in such cases departmental inquiries are required to be initiated as per provisions of applicable Civil Services Rules.
2. But in respect of private employment, I think, there are no such instructions or rules authorising the employers to initiate any action against their employees even if offences are proved in the court. Perhaps there may be some reference in the standing orders as applicable to the employees of any establishment.
3. Perhaps seniors/experts may kindly confirm the position.

I agree with Mr. Harsh Kumar Meheta's statement, regarding that, what standing order of the company says about such event..? in such event standing order will play the important roll.
In fact, employer may have strong reason to take action against employe in case, he is in juridical custody for long time, which may cause his long absenteeism, which directly or indirectly effect to their business.

Merely because a criminal Trial is pending or is going on against an employee cannot be the reason for an employer to take an action against the concerned employee. It is only if an employee commits a misconduct relating to his employment which has a consequence of the criminal trial, then only the employer has a right to take an action that too after holding an inquiry in to the misconduct alleged the concerned employee. The employer cannot take any action against the employee only because of a pendency of a Criminal Trial.
Dear Mr. Moholkar,
Whatever said is purely correct, that, Until & unless, court doesn't give judgement as he is guilty in any offense, till he can't be treated as "OFFENDER"
but, only thing that, may be your misinterpretation our view.
Here, in my first, thread only, i clearly mentioned that, employer can't take any action against him until & unless, such event doesn't effect his employment or business.
Now, it is clear that, this reason can't be valid & authority to take action against him, but, here, we are discussing on the point that, which are the reason can be lead to take action against him, (Specially, which are related to employment law only).
OR, how can his any action can be lead or attract employer to take action against him.
I never mentioned any termination word in my post, because, i do understand the process & respect of domestic inquiry.
I hope now, your clear on the members' views.

Normally, the sphere of employment is limited to the working hours and place of work. Beyond these limits, an employee is free to conduct himself as per his choice and the resultant consequences have to be tackled by him only and the employer is freed from moral policing. However employment under the Government is distinctly different from that of private employment.The Code of Conduct of Govt. Servants is both written and unwritten.The hon'ble Allahabad High Court observed in its judgment in Laxmi Narain v. Dist.Magistrate: "If Government were to sit back and permit its officials to commit any outrage in their private lives provided it falls short of a criminal offence, the result may very well be a catastrophic fall in the normal prestige of the administration." On the contrary, the disciplinery control is assumed by the employer in private employment over his employees only for the violation of the written code of conduct or in other words the omissions and commissions of certain acts subversive of discipline precisely enumerated in the Standing Orders applicable or in the contract of employment. For example, cl(m) of serial no.17 of the Model Standing Orders for Industrial Establishments in Coal Mines ( Schedule I-A of the I.E.S.O Central Rules1946 ) mentions conviction in any Court of Law for the criminal offence involving moral turpitude as a misconduct. So, the industrial employer is at liberty to include such a clause in the Standing Orders applicable to his establishment.If not, he is precluded

from proceeding against the employee on such a score alone.Hence, what would be the impact of conviction in a criminal case resulting in imprisonment? As Tushar Swar said unauthorized absence and its consequences is the answer.In the final analysis, the ongoing criminal case, per se, will not have any impact on the job of a private sector employee.

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