One of our workers' wife committed suicide recently. While the police have arrested the employee and his parents upon receiving an FIR from the girl's brother which mentioned dowry and allegations of physical and mental harassment, we would like to know if the employer also has any role in this matter. Can the employer terminate or suspend the employee?
Thanks in advance. I would be happy to receive answers to my query.
From India, Bhubaneswar
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3Thanks in advance. I would be happy to receive answers to my query.
From India, Bhubaneswar
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What happened with an employee is a personal matter. Therefore, the employer has no role to play. "Nobody is guilty unless proved" is the essence of Indian jurisprudence. Suspension or termination can take place only if the misconduct of the employee is proven in the workplace. Therefore, wait and watch for the court verdict. If the employee is found guilty, then anyway, he will be given punishment and will not be able to attend the duties.
By the way, a third of our elected representatives in the state assemblies or even parliament have serious criminal charges against them. These very representatives enjoy their salary and perks at the taxpayers' expense. Though tainted, they also make laws for us. Then why should a private employee be terminated just because of the FIR against him? When the employee gets bail, let him attend his duties. This very expectation of the society of moral grandstanding from men helps unscrupulous women to take undue advantage, and they book their husbands under the dreaded section 498K. Keep aside the assumptions of morality and let the law have its course.
Thanks,
Dinesh Divekar
From India, Bangalore
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By the way, a third of our elected representatives in the state assemblies or even parliament have serious criminal charges against them. These very representatives enjoy their salary and perks at the taxpayers' expense. Though tainted, they also make laws for us. Then why should a private employee be terminated just because of the FIR against him? When the employee gets bail, let him attend his duties. This very expectation of the society of moral grandstanding from men helps unscrupulous women to take undue advantage, and they book their husbands under the dreaded section 498K. Keep aside the assumptions of morality and let the law have its course.
Thanks,
Dinesh Divekar
From India, Bangalore
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Procedure to be followed by employer in case of suppression - SC 21.7.2016.pdf