QUERIES
respected sirs,
If any employee commit a given bellow fraud activity in the company what action should be taken against him,

1 : Bills tampering,
2 : false salary making, falsifying in attendance.
3 : make same to same signature of the HOD on any important document.

24th June 2017 From India, Durg

PARTICIPATING IN DISCUSSION:
Dinesh Divekar
Business Mentor, Consultant And Trainer
Kritarth Consulting
/training & Development | Executive Coaching
Sunielmudgil
Legal And Compliance Consultant
Mallikarjun Goud
Hr Executive
Abcdhospitalkpm
Founder Chairman
Vini The Best
Jr. Executive Hr

Dear Vini,

The misconduct that you have mentioned is of far serious nature. Therefore, immediately put employee under suspension pending enquiry. Second important thing is to order domestic enquiry. On completion of the enquiry, if the accused is ready to refund the misappropriated money, well and good otherwise you will have terminate him and lodge police complaint.

Make sure that domestic enquiry is conducted expeditiously and proceedings take place continuously without unnecessary breaks. There should not be any unwanted delay. In the meanwhile, issue order to security officer to conduct verification of his home address. There should not be mismatch in the address mentioned in his documents and actual place of living. You should have his Aadhar card number and other necessary details. For further queries, feel free to contact me.

Thanks,

Dinesh Divekar
24th June 2017 From India, Bangalore
Vini,

you can lodge police complaint for action no. 1 and 3, however, keeping in view his future prospect, you are advised to conduct an enquiry as suggested by Mr Devesh and fire such employee.

for further clarification or any other legal query you can call/mail me.
24th June 2017
In case the Punishing Authority (of your Establishment) is deciding to initiate Disciplinary Action against the said Employee for his/her alleged acts of Misconduct, you may aid and advice him/her to proceed in the following sequence:

1. Issue a Charge-sheet / Explanation Letter first which should contain the alleged acts of Misconduct as reported or are found to have been committed:
2. Then referring the Charge -Sheet or Letter of Explanation issued and received/acknowledged by him/her, issue a Letter of Suspension pending Inquiry mentioning that s/he would be paid Subsistence Allowance pending Completion of Inquiry and advise him/her to surrender Company's/Organization's Properties such as Permit to Enter Workplace, Tools Laptop and Documents / Records intact and instruct Security to Stop Entry to Workplace;
3. Appoint Inquiry Officer or Inquiry Committee under intimation to him/her;
4. Nominate Management/Employer's Representative to present Management's Case and supporting evidence/documents etc before the Inquiry Proceedings;
5. Inquiry to be held in accordance with Principles of Natural Justice as well as the Procedures laid down by the Judiciary for such Internal Inquiries;

6. On receipt of the Inquiry Report, the Punishing Authority to decide on the Quantum of proportionate Punishment after applying his / her mind.

Team Kritarth is ready and willing to provide any assistance if required

Team Kritarth

25.6.17
25th June 2017 From India, Delhi
if the amount of loss for the firm is negligible, call the employee and inform him of the seriousness of the case and also inform that the company will lodge police complaint,if the employee wants to avaoid the police complaint ask him to submit his resignation and also inform him that the fraud amount will be compensated while paying his final settlement
26th June 2017 From India, Chennai
Fraud investigation can be summoned at the respective employees can be warned or marked under the blacklist.
27th June 2017 From India, Bengaluru
Hi Vini, it treats mis conduct as part of joining formalities will get sign from Employee on code of conduct form, this leads to immediate dismissal from organization prior to that take confession letter itself insist to write fraudly earned amount will be paid as well as resignation letter from him later relieve him on same day.You can lodge complaint as our team said before that conduct inquiry by internal audit team if you have in organization or nominated persons.
29th June 2017 From India, Chennai
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