Dinesh Divekar
Business Mentor, Consultant And Trainer
KK!HR
Management Consultancy
Gannahope
Deputy Commissioner Of Labour..a.p.
Nathrao
Insolvency N Gst Professional
Aks17
Compliance Manager

Prime Sponsor - FactoHR.com - Payroll Software with GPS Enabled Attendance, Travel, Performance Management, HRMS. Explore Features
Hi Team,
for one of my friends wife filed a police complain F.I.R under IPC 406,420 and 506. This case she filed just for the sake of money. Case went for trial in court and he got acquitted from all charges and they field for the divorce and he paid her alimony.
Now he is switching company and trying for JOB in MNC will this case affect his background check...
What precaution needs to be taken care in this case.
Cite.Co is a repository of information created by your industry peers and experienced seniors sharing their experience and insights.
Join Us and help by adding your inputs. Contributions From Other Members Follow Below...
He will have to disclose material details of case=case number charges,details of acquittal in his declaration to MNC.
Should not affect his chances as he has been acquitted by the court.
Dear friend,
Your friend has faced two issues. One is the FIR under the various sections of IPC and another is legal separation.
Since you say that the friend has been acquitted in all the charges, this settles the matter. Hope the case is closed by now and there is no need to make any disclosure on this count. If the case was on then only the disclosure would have mattered otherwise not. There is no need to delve into one's past..
The second challenge is about divorce. This is the personal matter of the employee. If the divorce case is also closed then all that is required is just to mention the marital status as "divorcee".
In fact, in western countries job candidate is not required to mention about the marital status as the selection does not take place on the that attribute. But then it is typical habit of Indians to pry into one's personal matter and it is extended to the job candidate's CV as well. In ordinary Indian companies, even marital status as "divorcee" is also seen suspiciously or considered as something odd.
Thanks,
Dinesh Divekar
As the person was acquitted not discharged from the case, it stands in the records. If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side. Else this might come out in the background check and issues may arise. There is a difference in legal parlance between acquittal and discharge. Divorce proceedings should not be an issue though when it comes to dowry related sections, it might affect the chances of getting opportunities unless you are given a chance to explain your side of the story, very rarely anyone does this. Better to put if asked and explain, in brief the facts of the issue to be seen as honest than hiding issue[s] whether trivial or otherwise.
Acquittal is a clear proof of no offence, because case was heard and no evidence cam against him.
Anyway the column regarding lega issues will have to be honestly filled in,to avoid any subsequent issues arising out of background check.
Dear AKS17,
You have written that "If there is a column asking for previous issues with the law, your friend has to mention it to be on the safe side."
If company gets into the digging into the past of the employee, is too much. Is this not breach of privacy of an individual? If any HR allows to do that then is that person fit to be in HR? Suppose some job candidate files suit against a company for asking details of the past life, do you think that the company's case can stand in front of the law?
In what way the job candidate's closed case relate to the job prospect? Candidate should be selected on the requisite skills and knowledge and nothing else.
Think for a while if a man has been booked falsely by his wife then does it mean you also will hold him guilty?
Gentleman, just look around and you will find that for husbands in India, one of the most dreaded section is 498K. Suicides cases because of this section outnumber the death due to dowry.
Thanks,
Dinesh Divekar
Dear Dinesh,
Much as we despise, I had seen quite a few online applications mentioning the legal aspect of the employee[potential] and there is no way one can avoid and still be considered. Misuse of dowry related cases is a different subject altogether although there are quite a number of victim/ accused.
Regards
Mr Nathrao,
Acquittal and discharge are not the same. Acquittal may take place due to various reasons and one of the points that the criminal case judge considers is that the case has to be proved beyond reasonable doubt to convict a person. If the prosecution fails to prove beyond doubt, the judge is at liberty to set the accused free.
Discharge is when no prima facie case is made out and the court discharges or removes the person's name from the charge sheet and proceeds against others, if there are more than one accused.
Regards
I am well aware of the difference between discharge and acquittal.
Point here is whether it should be shown in the data sheet of the employee or not.
I am of opinion in case forms of the company ask for such information regarding criminal cases, it should be shown.
Whether such info is to be asked by companies is altogether a different issue.
If the case is still active and uncomplete then you need to mention everything. Is the case is closed simply mentioned that you got divorced.
Any how at the first stage of interview HR will ask your family BG.
Prime Sponsor - Talentedge.com "Interactive Anywhere Learning". Executive courses from top reputed institutes like IIM, XLRI, MICA. View Courses

Please Login To Add Reply






About Us Advertise Contact Us
Privacy Policy Disclaimer Terms Of Service



All rights reserved @ 2019 Cite.Co™