Rkn61
Hr Manager
Kritarth Consulting
Posh Programs; Hr Management Consultants
KK!HR
Management Consultancy
Reshma Rao
Hr Manager

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An employee , HR manager himself , gave a wrong information while joining . He had a criminal case of domestic violence & divorce filed , was just cleared a month before joining. While joining the new organization he gave some other female whom he did not intend to marry or has no records of marriage as his spouse's name.

Her name is already registered in his company as his spouse which is a wrong information & has availed medical benefit with this wrong information. Upon questioning by the lady he withdrew after 9 months.

In such a situation what's the course of action? Will the ethical & compliance department will take action for his exit ?

Though he with drew but for 9 months he made company pay for the insurance where he never had any intention to marry the other lady , and company never did a BVC as he had a criminal case against him.

From India, Mangalore
Any employee supplying false information to company, prior to his taking up employment, is illegal and liable for disciplinary/legal action against him/her. If the employee happens to be an HR Manager, then the situation is grave. You need to instruct your Legal & Compliance department to
initiate suitable disciplinary action. Also you may ask the concerned employee to refund the entire amount, which he had withdrawn from the company on the ground of cheating. After collection of the entire amount from him, you may show him the Exit door.

From India, Aizawl
From my experience, I may caution you. Since he has been cleared of the criminal case before joining service, no stigma attaches. The proceedings for divorce are civil proceedings although some criminal allegation may be there to show harassment.
Secondly, as regards taking the name of somebody as spouse for medical insurance purpose, to assert that marriage never took place between them is not so easy to prove. There are no fixed routine for marriage, for example 'Saptapadi' only is the essence of Hindu marriage. It will not be very difficult for him to prove that he had completed essential steps of the marriage as per his personal laws. So you need to be very sure before you venture into disciplinary action.

From India, Mumbai
The matter in question is, the employee was involved in a Court case, but he has concealed this information in his employment application form.
From India, Aizawl
Furnishing False Data/ Information at the time of seeking Employment and attesting in Co's Record that the information furnished by him were true in itself amountedto Grave Misconduct.

Since, his aforesai act of misconduct came to light later when he fraudulently availed the Benefits and his act was detected, the Employer must proceecd against the delinquent Employee ( HR Manager) with Disciplinary Action as per the Service Rules or Standing Orders applicable to him notwithstanding the ongoing or closed Case in Courts of Law.

Our Hon'ble Supreme Court has Ruled that Employer's Disciplinary Action out of Domestic Enquiry is independent of Court Proceedings/Verdict.

So,proceed with Discilinary Action-Step and set a precedent

Harsh K Sharan,

Independent Freelance Enquiry Officer,

Kritarth Consulting,

28.5.2020

From India, Delhi
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