Anonymous
Recently it was found that one of the groups of companies hired an employee with a criminal record. Upon informing the HR chief and subordinates no action was been taken even after a week. What can be done about wrong hiring and the most deserving candidates who were looking out for the opportunity?
From India, Pune
Dear member,

In the recent past, you have found out a faulty hiring process and a job candidate with a criminal background has been hired. Nevertheless, your post raises a few more questions?

Are you an employee of that company? If not then what is your interest in passing the information to the company officials about hiring a person with a criminal background? Are you in any way connected with the hired candidate?

Who discovered that the hired job candidate has a criminal background? How was it discovered? Is there a piece of material evidence?

This "candidate with criminal background", is he just been accused and a criminal case is going on or he has been convicted by a court? Please note that Indian jurisprudence works on the principle, nobody is guilty till it is proved.

The candidate has been hired by one of the companies of the groups. However, do they do the background check and if yes, do you know whether an antecedent check is a part of the background verification (BGV) process?

Possibly the hired candidate could be smart and he might have given information to the HR department that his detractors could show that his hands are deep in the jam of a crime. However, because of his proactiveness, they might have ignored this piece of information from your side.

Please provide us with the complete information. It would not fair on the part of the members of this group to give the opinions unless we know the facts. The selected job candidate might have a criminal background, however, this group cannot become a channel to satisfy one's malevolence.

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Thanks for the reply. The complainant presented the evidence that the criminal case is pending in the court. Itís a well known group that must have done his BVG. But it was only after the complainant made them aware of the background, they got aware. Intention behind informing the officials was to safeguard their process and to bring into the notice of the heinous act of the candidate. We all know no one is guilty unless proved. Isnít it wrong for other eligible candidates?
From India, Pune
Dear poster,

You have given scanty details and appear to hide it also. It is not known who is the complainant/ aggrieved party in this case.

Please come out clean and provide all relevant details instead of raising academic questions.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Anonymous
What can be done for such kind of unethical hiring?
From India, Pune
Dear Colleague,

If you care to read the post, it is not a case of ' unethical' hiring. If anything ,it is faulty.

However, the poster is on sly and not given relevant details . The identity of poster is 'Annanymous' unless it is you who has raised by disclosing it now.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear member,

This reply is for post No 3. The replies to the few sentences are below:

The complainant presented the evidence that the criminal case is pending in court.

Reply: - If the case is pending in the court of law then we need to wait till the court gives its ruling. The court may find him guilty and award him the punishment or the court may acquit him also. Let the company take the decision depending on the court verdict.


The intention behind informing the officials was to safeguard their process and to bring into the notice of the heinous act of the candidate.

Reply: - More than playing the role of samaritan, it appears that the information has been passed to the hiring company out of jealousness.

We all know no one is guilty unless proved. Isnít it wrong for other eligible candidates?

Reply: - Nothing wrong per see on the part of the company to accept the candidature of a job candidate against whom the criminal case is going on. We do not know, the candidate might have been falsely implicated as well. In matrimonial disputes, it is a widely accepted fact that Section 498 is misused most. Thousands of husbands, spread across India, are booked under this section. Does it mean that all are guilty? Certainly not!

Please look around and you will find a large number of MPs and MLAs in India have criminal cases of a very serious nature are filed against them. Not only they are the public representatives but these very tainted persons are making laws for us!

Thanks,

Dinesh Divekar

From India, Bangalore
Anonymous
Complainant is one of the acquaintances. The charges being of sexual harassment cannot provide much details about her and do not wish to state the name of the company for whom the accused has been hired. All information is crystal clear nothing hidden. As a HR person was surprised that having such charges, the accused was placed in a big giant though the company follows BGV. Thanks
From India, Pune
Anonymous
Itís not related to matrimonial issue. Please understand gravity of the case under sexual assault. Kindly be sensitive before judging someone. Thereí s no jealousy of any form but the hiring process which is faulty is the main point that we have diverted from.
From India, Pune
Dear member,

These are the replies to Post No 8 & 9:

Post No 8: - Complainant is one of the acquaintances. The charges being of sexual harassment cannot provide much details about her and do not wish to state the name of the company for whom the accused has been hired. All information is crystal clear nothing hidden. As a HR person was surprised that having such charges, the accused was placed in a big giant though the company follows BGV. Thanks

Reply: - "Complainant is one of the acquaintances" but of whom? Is he/she an acquaintance of the victim or the accused? For the first time, you have revealed that the accused is facing sexual harassment charges. Neither we wish to know the details of the survivor of the harassment nor the company. However, we need the facts of the case to know what exactly happened.

Mere being accused in a criminal case cannot be the criteria for disqualification. The reply on this point has been given already.

If you are an HR professional then we the members of this forum in general and the seniors also in particular also surprised at your inability to provide the facts of the case in the very first instance. Alas, you could have done some study on how to write a post in the public forum!

Post No 9: - Itís not related to matrimonial issue. Please understand gravity of the case under sexual assault. Kindly be sensitive before judging someone. Thereí s no jealousy of any form but the hiring process which is faulty is the main point that we have diverted from.

Reply: - To emphasise the point of how the law is being misused, I had given an example of matrimonial disputes. Telling us that it is not a matrimonial issue is the height of getting oneself misunderstood.

The posts on a public forum are bound to come under public scrutiny. We the members of this forum are the third party and cannot take the side of either party. We see all the cases dispassionately.

Final Comments: - Keeping the issue aside, you deserve feedback. It is high time if you invest your time in understanding the concept of "communication". Your style, ability to put forth the points in sequence, descriptiveness all merit a big improvement. Your inability to understand the examples given as metaphor is also shocking. If the weakness is not addressed, it could withhold the growth of your career.

All the best!

Dinesh Divekar

From India, Bangalore

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