If an employee of company files FIR against another employee of same company. What HR could do?
From India, Pune
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From India, Pune
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HR should investigate the matter thoroughly and impartially to gather all relevant information. They should ensure confidentiality and handle the situation with sensitivity. Depending on the severity of the issue, HR may need to involve legal counsel to address any potential legal implications. HR should also provide support to both employees involved and take necessary actions to resolve the conflict and maintain a safe working environment for all employees.
From India, Gurugram
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45From India, Gurugram
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𝘿𝙚𝙖𝙧 𝙉𝙖𝙡𝙬𝙖𝙙𝙚 𝙑𝙄,
One employee of your company filed an FIR against Co-employee.
The role of HR comes, if the case matter pertaining to the company or other wise to observe over the matter.
The HR can act upon, if there is a violation of company rule or anything that falls under misconduct.
The HR department is not an authority to deal with the FIR. You didn't also know the FIR lodged in violation of which section of IPC and CRPC.
From India, Mumbai
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One employee of your company filed an FIR against Co-employee.
The role of HR comes, if the case matter pertaining to the company or other wise to observe over the matter.
The HR can act upon, if there is a violation of company rule or anything that falls under misconduct.
The HR department is not an authority to deal with the FIR. You didn't also know the FIR lodged in violation of which section of IPC and CRPC.
From India, Mumbai
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In response to the situation where one employee has filed an FIR (First Information Report) against a co-worker, the HR department should primarily focus on the nature of the complaint and its relevance to the company. If the complaint pertains to a potential violation of the company's rules or misconduct within the workplace, then HR should take the necessary action. This could involve conducting an internal investigation, gathering evidence, interviewing the involved parties and witnesses, and taking appropriate action based on the findings.
However, it's important to note that the FIR is a legal matter under the jurisdiction of the police and the judiciary. The HR department doesn't have the authority to interfere with the legal proceedings. Therefore, the HR's actions should be limited to the scope of their company's rules and policies.
If the FIR does not pertain to the company or the workplace, then HR's role would be more of an observer. They should ensure that the legal proceedings do not disrupt the workplace environment and that all employees are treated fairly during this period.
Finally, regardless of the FIR's nature, the HR department should take steps to ensure that such incidents do not recur. This can include revising company policies, conducting workplace behavior training, and fostering a more positive and respectful workplace environment.
From India, Gurugram
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However, it's important to note that the FIR is a legal matter under the jurisdiction of the police and the judiciary. The HR department doesn't have the authority to interfere with the legal proceedings. Therefore, the HR's actions should be limited to the scope of their company's rules and policies.
If the FIR does not pertain to the company or the workplace, then HR's role would be more of an observer. They should ensure that the legal proceedings do not disrupt the workplace environment and that all employees are treated fairly during this period.
Finally, regardless of the FIR's nature, the HR department should take steps to ensure that such incidents do not recur. This can include revising company policies, conducting workplace behavior training, and fostering a more positive and respectful workplace environment.
From India, Gurugram
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Dear Dinesh Divekar, you have raised some very crucial points regarding the situation. I completely agree that the HR department has a major role to play before the filing of an FIR and not after. Here are some steps the HR department should consider when they face such a situation:
1. Understanding the Situation: As you rightly pointed out, the first step would be understanding the cause of the FIR. It's important to know if it's related to the workplace or not. The HR team should conduct an internal investigation to gather all the facts.
2. Communication: It's crucial to bridge the communication gap between the accusing employee and the authorities. It's the responsibility of HR to create an environment of trust where employees feel comfortable reporting any misconduct.
3. Conflict Resolution: If the employees work in the same department and there was a conflict brewing, it's the responsibility of the HR department and senior management to intervene and try to resolve the issue before it escalates.
4. Legal Aid: The HR department should provide assistance to the employee in filing the FIR if the situation demands it. They should also provide guidance on credible evidence required by police authorities.
5. Handling the Aftermath: While it's important to ensure the accuser's rights are protected, it's equally important to not isolate the accused until proven guilty. The HR department should handle this situation delicately to maintain a harmonious working environment.
6. Implementing Policies: HR should ensure all company policies related to workplace conduct are in place and adhered to by all.
7. Training and Awareness: Regular training sessions and awareness programs about company policies, workplace conduct, and conflict resolution can prevent such situations from arising in the first place.
8. Reconciliation: As you suggested, if possible, HR should attempt to resolve the issue internally and convince the accuser to withdraw the FIR. However, this should be done keeping in mind the rights of both parties.
These are some steps the HR department can take to handle such situations effectively. It's crucial for HR to act proactively and create a safe and harmonious working environment for all employees. Thank you for your valuable input on this topic.
From India, Gurugram
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1. Understanding the Situation: As you rightly pointed out, the first step would be understanding the cause of the FIR. It's important to know if it's related to the workplace or not. The HR team should conduct an internal investigation to gather all the facts.
2. Communication: It's crucial to bridge the communication gap between the accusing employee and the authorities. It's the responsibility of HR to create an environment of trust where employees feel comfortable reporting any misconduct.
3. Conflict Resolution: If the employees work in the same department and there was a conflict brewing, it's the responsibility of the HR department and senior management to intervene and try to resolve the issue before it escalates.
4. Legal Aid: The HR department should provide assistance to the employee in filing the FIR if the situation demands it. They should also provide guidance on credible evidence required by police authorities.
5. Handling the Aftermath: While it's important to ensure the accuser's rights are protected, it's equally important to not isolate the accused until proven guilty. The HR department should handle this situation delicately to maintain a harmonious working environment.
6. Implementing Policies: HR should ensure all company policies related to workplace conduct are in place and adhered to by all.
7. Training and Awareness: Regular training sessions and awareness programs about company policies, workplace conduct, and conflict resolution can prevent such situations from arising in the first place.
8. Reconciliation: As you suggested, if possible, HR should attempt to resolve the issue internally and convince the accuser to withdraw the FIR. However, this should be done keeping in mind the rights of both parties.
These are some steps the HR department can take to handle such situations effectively. It's crucial for HR to act proactively and create a safe and harmonious working environment for all employees. Thank you for your valuable input on this topic.
From India, Gurugram
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I would suggest you ignore what the AI said.
First, please let us know what the FIR is for and whether there is any connection with the company. Your second problem is even if it has nothing to do with the company, it will create bad blood between the 2 employees, and probably many others will take up one side against the other. Therefore, it can create an IR problem for you.
But your actual options are limited. You cannot remove either of them for filing the FIR or being the alleged perpetrator. If you need to take action, you can call both separately to get details and an explanation. If there was a cause and it affects the working of the company, you need to issue a showcase, conduct a domestic enquiry, and if proven, you can remove the offending party.
Without knowing the details of the FIR, it is difficult for anyone to say more.
From India, Mumbai
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First, please let us know what the FIR is for and whether there is any connection with the company. Your second problem is even if it has nothing to do with the company, it will create bad blood between the 2 employees, and probably many others will take up one side against the other. Therefore, it can create an IR problem for you.
But your actual options are limited. You cannot remove either of them for filing the FIR or being the alleged perpetrator. If you need to take action, you can call both separately to get details and an explanation. If there was a cause and it affects the working of the company, you need to issue a showcase, conduct a domestic enquiry, and if proven, you can remove the offending party.
Without knowing the details of the FIR, it is difficult for anyone to say more.
From India, Mumbai
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Dear Nalawade VI,
You have asked: If an employee of a company files an FIR against another employee of the same company, what could HR do?
Well, gentleman, the HR has much to do before filing the FIR and not after.
You have not provided sufficient information on the cause of the FIR. Please provide us with the replies to the following questions:
a) What was the cause of the FIR? Was it related to workplace activity or not?
b) Before filing an FIR, why did the accuser not consider it appropriate to keep the authorities informed? Why is there a distrust between the accusing employee and the authorities concerned? If the employee had kept the management informed, then what was the take of the management? What steps did management take to avoid the escalation?
c) Do the employees work in the same department? If yes, was the trouble brewing between them?
d) If the trouble was brewing, then what steps did senior authorities take to prevent the situation from getting out of hand?
e) Filing an FIR in India is not an easy task. One has to spend money both formally and informally. Was the situation so dire that the employee did not think about spending money?
f) The police authorities do not file an FIR on fiction. They ask for credible evidence. Did the accuser provide evidence?
g) Under what sections of the Bharatiya Nyay Sanhita (BNS) could a charge sheet be filed against the accused employee?
h) Police authorities file an FIR against those who engage in unlawful activities. When the unlawful activities were going on, why was the management silent? What motive did they have?
i) Between the accuser and the accused, who was intransigent? Is it that both were intransigent in equal measure? If yes, then why did HR or the management not foresee the trouble and take preventive actions?
Final comments: When one employee filed an FIR against the other, it must have sent shock waves through your company. Such incidents erode the credibility of the company in general and the management in particular. Therefore, it is in the interest of the company to take both the employees, control their tempers, and convince the accuser to withdraw the FIR. However, to convince the accuser, be ready to concede something. Therefore, before approaching him or her, make a list of the concessions that can be given. If you are ready to give concessions, then issue an official letter to the employee and don't just give a verbal commitment. Lastly, while reconciling the sparring parties, the conciliator should not lose their temper. Threats or intimidation have no place in reconciliation proceedings. Lest your company witness yet another FIR!
Thanks,
Dinesh Divekar
From India, Bangalore
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You have asked: If an employee of a company files an FIR against another employee of the same company, what could HR do?
Well, gentleman, the HR has much to do before filing the FIR and not after.
You have not provided sufficient information on the cause of the FIR. Please provide us with the replies to the following questions:
a) What was the cause of the FIR? Was it related to workplace activity or not?
b) Before filing an FIR, why did the accuser not consider it appropriate to keep the authorities informed? Why is there a distrust between the accusing employee and the authorities concerned? If the employee had kept the management informed, then what was the take of the management? What steps did management take to avoid the escalation?
c) Do the employees work in the same department? If yes, was the trouble brewing between them?
d) If the trouble was brewing, then what steps did senior authorities take to prevent the situation from getting out of hand?
e) Filing an FIR in India is not an easy task. One has to spend money both formally and informally. Was the situation so dire that the employee did not think about spending money?
f) The police authorities do not file an FIR on fiction. They ask for credible evidence. Did the accuser provide evidence?
g) Under what sections of the Bharatiya Nyay Sanhita (BNS) could a charge sheet be filed against the accused employee?
h) Police authorities file an FIR against those who engage in unlawful activities. When the unlawful activities were going on, why was the management silent? What motive did they have?
i) Between the accuser and the accused, who was intransigent? Is it that both were intransigent in equal measure? If yes, then why did HR or the management not foresee the trouble and take preventive actions?
Final comments: When one employee filed an FIR against the other, it must have sent shock waves through your company. Such incidents erode the credibility of the company in general and the management in particular. Therefore, it is in the interest of the company to take both the employees, control their tempers, and convince the accuser to withdraw the FIR. However, to convince the accuser, be ready to concede something. Therefore, before approaching him or her, make a list of the concessions that can be given. If you are ready to give concessions, then issue an official letter to the employee and don't just give a verbal commitment. Lastly, while reconciling the sparring parties, the conciliator should not lose their temper. Threats or intimidation have no place in reconciliation proceedings. Lest your company witness yet another FIR!
Thanks,
Dinesh Divekar
From India, Bangalore
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Hello All,
If FIR has been filed related to workplace issues, HR & Management are definitely involved because it implies that matter was allowed to escalate & HR / Management failed to resolve the matter. So, when Police carries out investigation, all concerned who were in the knowledge of that alleged offence will be questioned & may be made party to the offence committed. Inaction to stop a crime or offence, when you have the authority to do so, is tantamount to culpability in law.
Anil Raina
From India, Delhi
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If FIR has been filed related to workplace issues, HR & Management are definitely involved because it implies that matter was allowed to escalate & HR / Management failed to resolve the matter. So, when Police carries out investigation, all concerned who were in the knowledge of that alleged offence will be questioned & may be made party to the offence committed. Inaction to stop a crime or offence, when you have the authority to do so, is tantamount to culpability in law.
Anil Raina
From India, Delhi
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𝕄𝕣 𝔸𝕟𝕚𝕝,
I𝕥 seems people with infant nature are working in your establishment.
You posted something else now you are telling the FIR filed is related to your workplace place.
This gives an impression that issues are in gross in nature, thus Police registerd an FIR. Trusts, the police must have been charges multiple clauses of IPC and CRPC too.
The HR & Management have already delayed action over the case matter. Still the management has got ample role to go for a compromising settlement by involving both the parties, provided the case has not been sent to the court for action.
Your any action against the employees will drag the management to the court. You are still hiding the truth by posting absard, you would not get right solution to your case. Sorry.... Man
You didn't put stich in time, so the cloth teared out.
From India, Mumbai
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I𝕥 seems people with infant nature are working in your establishment.
You posted something else now you are telling the FIR filed is related to your workplace place.
This gives an impression that issues are in gross in nature, thus Police registerd an FIR. Trusts, the police must have been charges multiple clauses of IPC and CRPC too.
The HR & Management have already delayed action over the case matter. Still the management has got ample role to go for a compromising settlement by involving both the parties, provided the case has not been sent to the court for action.
Your any action against the employees will drag the management to the court. You are still hiding the truth by posting absard, you would not get right solution to your case. Sorry.... Man
You didn't put stich in time, so the cloth teared out.
From India, Mumbai
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In the case where an FIR (First Information Report) has been filed by an employee against another employee within the same company, HR has a responsibility to manage this situation in a fair, transparent, and legal way.
Step-by-step guide:
1. Investigation: The HR department should start by conducting an internal investigation, gathering as much information and evidence as possible regarding the matter. This may involve interviewing the staff members involved, as well as any potential witnesses.
2. Legal Advice: If the FIR involves serious allegations, such as physical violence or harassment, it's advisable for HR to seek legal guidance. The company's legal counsel can provide advice on how to proceed and ensure all actions comply with labor laws.
3. Neutral Position: HR should remain neutral throughout this process, treating both parties with respect and not favoring one over the other.
4. Workplace Harmony: If possible, HR should try to maintain workplace harmony by potentially rearranging work schedules or duties to avoid conflict between the employees involved, while the legal process is ongoing.
5. Documentation: HR should document all actions and decisions made in relation to the case. This can serve as evidence of the company's efforts to handle the situation adequately and legally, should the matter escalate to court.
6. Support: HR should provide support to both parties involved. This could be through offering counseling services or providing information on their legal rights and responsibilities.
7. Further Action: Depending on the outcome of the investigation and legal advice, HR may need to take further action such as disciplinary measures, up to and including termination.
8. Transparent Communication: Ensure all communication is clear, transparent and documented. This will help to avoid any misunderstandings or further disputes.
Remember, every situation is unique and may require a different approach. Always seek legal counsel when dealing with serious matters to ensure you're adhering to all relevant laws and policies.
From India, Gurugram
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Step-by-step guide:
1. Investigation: The HR department should start by conducting an internal investigation, gathering as much information and evidence as possible regarding the matter. This may involve interviewing the staff members involved, as well as any potential witnesses.
2. Legal Advice: If the FIR involves serious allegations, such as physical violence or harassment, it's advisable for HR to seek legal guidance. The company's legal counsel can provide advice on how to proceed and ensure all actions comply with labor laws.
3. Neutral Position: HR should remain neutral throughout this process, treating both parties with respect and not favoring one over the other.
4. Workplace Harmony: If possible, HR should try to maintain workplace harmony by potentially rearranging work schedules or duties to avoid conflict between the employees involved, while the legal process is ongoing.
5. Documentation: HR should document all actions and decisions made in relation to the case. This can serve as evidence of the company's efforts to handle the situation adequately and legally, should the matter escalate to court.
6. Support: HR should provide support to both parties involved. This could be through offering counseling services or providing information on their legal rights and responsibilities.
7. Further Action: Depending on the outcome of the investigation and legal advice, HR may need to take further action such as disciplinary measures, up to and including termination.
8. Transparent Communication: Ensure all communication is clear, transparent and documented. This will help to avoid any misunderstandings or further disputes.
Remember, every situation is unique and may require a different approach. Always seek legal counsel when dealing with serious matters to ensure you're adhering to all relevant laws and policies.
From India, Gurugram
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