Bharat Gera
Principal Hr Consultant
Honeyanshi
Vice President (hr&ir)
KK!HR
Management Consultancy

Dear Experts:
There are cases of gained employment under fraudulent act of submission of testimonials like transfer certificate, mark sheets etc of different persons at the very beginning of employment but their acts have been revealed whilst the employees were submitting their Aadhar Document, in which their name, father's and other and other particulars are completely different. At the time of general enquiry of the official to find out the facts, the employees themselves have confessed that they are produced fake certificates of different people for gaining the employment. They are working for the past 14 years or so as workmen. There were no adverse remarks against them during their employment. Now, we have initiated disciplinary action against them. In their explanation they have admitted their guilt. My queries are -
I) How we can now correctly address them by name in any further documents?
2) In what way we can make subsistence Allowance, as they are now under suspension pending enquiry?
3) If they come for any amicable settlement, how can we go by such settlement at this time?
4) If they resigned the job, how can we settle their dues both final settlement by company and statutory dues?
5) If they are dismissed how can they settle their dues with the company?
6) Lenient view if any be taken by the company for the sake of humanitarian ground what would be the legal consequences?
7) Being a case of imposonization, whether the company needs to make police complaint against such erring employees or the action taken by the Management in accordance with the standing orders could be enough?
8) Any other relevant information.
I request Expert views.
Thanks & regards,
29th November 2017 From India, Mumbai
I.If considering humanitarian ground , they did for need of job and found very good & skill during previous years.... give full and final till date and take them by rejoining in correct name and properly document.
II.If you have ample of manpower and want to discontinue them ... take disciplinary action and punish them through proper domestic inquiry .
III.I some notorious employee... file police case against them.
My personal opinion ... prefer option I as no of person is high otherwise its lead to IR issue also.
Myself face same issue in one company ... used option I.. over come successfully on it.
29th November 2017 From India, undefined
I) How we can now correctly address them by name in any further documents? - Terminate their name immediately & if you wish you can take them again with new employee code & correct details
2) In what way we can make subsistence Allowance, as they are now under suspension pending enquiry? - As guilt is already proved you can terminate their name immediately without any further enquiry. Take written acceptance of guilt from them in written & terminate services immediately.So question of subsistence allowance as well as as suspension pending enquiry
3) If they come for any amicable settlement, how can we go by such settlement at this time? - They can not ask for settlement as their activity is fraudulent instead they may be jailed under section 420 of IPC
4) If they resigned the job, how can we settle their dues both final settlement by company and statutory dues? - Please refer ID Act & SO Act
5) If they are dismissed how can they settle their dues with the company? Please refer ID Act & SO Act
6) Lenient view if any be taken by the company for the sake of humanitarian ground what would be the legal consequences? - You make them as new joinee after existing employee separation.
7) Being a case of imposonization, whether the company needs to make police complaint against such erring employees or the action taken by the Management in accordance with the standing orders could be enough? - Its purely management call
8) Any other relevant information. - What else you want to know?
I request Expert views.
Thanks & regards,
29th November 2017 From India, Pune
Dear Venkitaraman: I would suggest the following responses
I) How we can now correctly address them by name in any further documents? They have to be continued to be addressed in their assumed names to maintain continuity. Since their actual names are not on the company rolls, it can be added only as 'alias'
2) In what way we can make subsistence Allowance, as they are now under suspension pending enquiry? Subsistence Allowance is to be paid invariably during suspension otherwise your disciplinary action will be held as vitiated.
3) If they come for any amicable settlement, how can we go by such settlement at this time? As suggested by Shri RK Singh Sir, pl consider reemploying them under their actual names as fresh appointment and without continuity of service provided they meet the educational qualifications.
4) If they resigned the job, how can we settle their dues both final settlement by company and statutory dues? This is a managerial decision but can you conveniently ignore such a fact of impersonation, the question is whether they would have qualified for employment had they disclosed actual facts at the time of their employment. An ineligible person shall not be allowed to get away with such a major fraud. They have not only appropriated something which was not due to them but also deprived rightful candidates from getting their due benefit and it is an irretrievable loss to them.
5) If they are dismissed how can they settle their dues with the company? In this case the consequence of dismissal like denial of benefits including gratuity can be considered. The principle is that dismissal debars reemployment
6) Lenient view if any be taken by the company for the sake of humanitarian ground what would be the legal consequences? It depends on the action being taken. For instance in case of reemployment, this will be quoted as a precedent in other cases of fraud, dishonesty with the company, the employees concerned would put in pressure at later point for granting them continuity, which you should be wary of.
7) Being a case of imposonization, whether the company needs to make police complaint against such erring employees or the action taken by the Management in accordance with the standing orders could be enough?
8) Any other relevant information.
30th November 2017 From India, Mumbai
Dear Friend,
1. This misconduct is a criminal offence punishable under Indian Penal Code.
2. In such cases there has to be no mercy, no humanitarian consideration and no kindness to be shown as the company is not committing any excess on the employee on the other hand company is victim of cheating.
3. Suspension pending domestic inquiry is the appropriate action. You need to create an example as company is now in the radar of employees and if such cases are shown mercy and let off it becomes future example the employees will give to shield other misconducts.
4. There has to be no amicable settlement as company is not under any obligation.
5. Even if the employee proposes to resign, this option should be rejected, the employee should be punished.
6. Filing an FIR is purely your prerogative, you need to decide.
Warm Regards
Bharat Gera
HR Consultant
9322404765
1st December 2017 From India, Thane
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