Dear Concerns, What will be the future of an employee who was found guilty of sexual misconduct once by a local complaint committee in a private organization in india. Nothing mentioned in the experience letter about it. For penalty, just the work area was changed. The employee resigned himself as no resignation was asked from HR. Can this employee go abroad or not or can he work somewhere else? What will be the obstacles?

From New Zealand
Labour Law & Hr Consultant
Insolvency N Gst Professional
Nagarkar Vinayak L
Hr And Employee Relations Consultant


Was the change in work area, in writing. If so, then its language will have to be seen for arriving at any conclusion whether it will create any obstacles or not S. K. Mittal 9319956443
From India, Faridabad

Dear Mike-John,
Not only sexual misconduct, any proven misconduct should result in proportionate punishment. Here in the case of a proven sexual misconduct, the concerned employee was shifted to some other area as a measure of punishment that too without making any mention for the transfer and the employee had since resigned on his own. Therefore, my opinion is that probably leniency might have been shown upon him on the ground of his otherwise unblemished past service or due to some technical difficulties in proving the guilt to the hilt so as to avoid the punishment of termination of his services.
Hence, as it is, it cannot affect his employability elsewhere unless some negative feed back is given in the BGV later.

From India, Salem
Nagarkar Vinayak L

Dear colleague,
Although leniency apparently appears to have been shown to you for proven sexual misconduct, by not mentioning in the experience letter and transfer to another role, don't be under the false belief that everything is honkydory.
It may crop up again in BVG or through some other source. This is not to scare you but to make you stay alert about it.
Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai

The ghost of sexual harassment charges may reappear at any time.
It will be a kind of Achilles heel.
In this case since no documentation is there.he should make it a point to ensure scruplous behaviour and avoid any such entanglement in future.

From India, Pune

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