Umakanthan53
Labour Law & Hr Consultant
Dmc123
Legal Consultancy
Ikjot2004
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Thread Started by #ikjot2004

dear member

Case study :

Mr. Amit Kumar is working in one of the reputed MNC as a Team Leader.

On 15th June, 2016 in the early morning @ around 2 am, he was caught by police authority while drunk and driving his car. He worked in general shift on 14th June 2016. As he was heavily drunk and argued with police, therefore he was taken to police station where he was kept whole night in police custody.

Following day after his medical examination, he was taken to court due to which he was absent to his duty. He didn't report to his immediate authority. When he was caught by police that time he was taking name of the HR Senior Personnel who deals with liaison activities just to neutralise the subject matter.

Previously so many times outside complaints reported to HR manager about Mr Amit Kumar drunk and driving and his misbehaving activity after drunk.

Considering this HR manager reported to his immediate authority, who in turned apprised to Mr.Amit Kumar. Court imposed a fine of Rs. 1700/- and released him. When his boss called up him and asked about the incidence but he didn't not disclose the above incidence and told that he was not feeling well that's why he did not report for duty.

Mr Amit Kumar is a top performer in the company. He had joined the company in 2011.

Under the above circumstances what action can be initiated against him by HR.

1) can we issue show cause notice to him?

2) Has he not maligned his image and reputation of the company?

regards

PS
25th June 2016 From India, Dehra Dun
Dear PS.

Can an employer do moral policing on the activities of an employee outside the zone of his employment? Certainly no unless and otherwise such an act brings out a negative impact on the reputation of the employer and maligns his character as a responsible member of the society. It is true that employment, whether self-employment or for hire under another, is one of the social identities of an individual.So, any unbecoming conduct of self-indulgence in violation of the rules of compliance any where and any time has to be decried. That's why government employees are declared to be 24-hour Govt servants and detention in custody beyond certain no. of hours for whatsoever reason warrants immediate suspension from duties. How ever, in the case of private sector employees, any act of misbehaviour or violation of law has to be enumerated as a misconduct in the service rules or regulations applicable to them. Particularly, "Team Leader" would be a post falling in the managerial/ supervisory cadre and as such, he would be covered by the terms of contract of employment. Therefore, I feel that caution has to be exercised in initiating formal and strict disciplinary action against the individual. It is important whether the Police Authority directly reported to the HR Manager about Amitkumar's detention and conviction for drunken driving. Of course hiding the actual reason for his absence may not be correct. Similarly, top performance can not be a substitute for orderly conduct and observance of the laws of the land. Since every thing is on record now, better counsel him and warn him severely this time.
26th June 2016 From India, Salem
Being top performer does not excuse him from being a law abiding citizen.
Since he was only fined and left free he need not be dealt with in disciplinary manner.
However his behaviour puts company name in bad light and he deserves to be counselled in writing.
He is an offender on earlier occasions also.
Where did he get drunk-company premises or some bar outside??
Overall the company needs to keep a watch on his behavioural issues which impact work.
26th June 2016 From India, Pune
#Anonymous
This matter involves the company image & also the behavior of employee as individual.
As far as company image is concerned no compromise should be made, while he as an individual also does not suit having drunk & create a mess to an extent where he was kept in police custody & then produced before magistrate.
Employee being a team leader, seems to be in senior position, tolerating such incidents may put a bad precedence for other employees.
28th June 2016 From India, Kalyan
Unless the employee comes in the category of manual employee or supervisor to whom Industrial Employment Standing orders are applicable or any other service rules, and in addition to this the so called misconduct if has occurred "on the premises of the establishment" only then disciplinary action can be initiated against the said employee. The HR manager can at the most call him and counsel him and also may be issue a warning to deprive him from indulging such act in future. But outside of work, if the employee does any criminal breach, he is liable as per criminal law and not employment laws.
28th June 2016 From India, Pune
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