Handling Employee Theft: How to Address Union Support for Alleged Culprits?

In a company, one laborer was caught at the gate stealing items from the factory. When he was caught, he told the names of other colleagues who were with him. Subsequently, one more was caught. Out of the total four involved, three were caught and sacked. The fourth individual went to the union, claiming innocence and stating that the management was pressuring him to resign. Now, what can be done further to address this type of situation where a culprit receives support from the union?

I couldn't find such a case on citehr. Please help, as this is the fourth time someone has come and said not to hand over the case to the police; he will come and resign. However, he didn't show up, and after 15 days, he went to the labor office claiming the employer is not allowing him to work. The labor department officers, along with his advocate, demanded the company to reinstate him or else face the case in labor court proving him guilty. Knowing the court proceedings, the company decided to reinstate him. Please advise on how to deal with such individuals further, as this situation is likely to disrupt the entire company atmosphere.

Dear,

Firstly, in light of labor laws, you can issue a memo asking for an explanation about the same. Secondly, if you are not satisfied with it, you can conduct an inquiry in which an inquiry officer will be appointed. The culprit should be given full time to prove himself right because of the principle of natural justice. You can present a representative and witness from your end to make your case stronger. Based on the findings and reports, you can terminate him later on, sending the copy to the appropriate officer linked with the government. I hope this information will help you. For more assistance, you can get in touch with our Madhu sir, who always suggests the right path.

Regards,
Ranjeet

Issue memo, calling for an explanation. If the reply is not satisfactory, appoint a committee to inquire into the incident. Take action based on the findings of the enquiry committee.

Ensure there is a single line break between paragraphs.

A similar case (not identical) was discussed at https://www.citehr.com/174689-action...-stealing.html

What Vasumurali said is the correct procedure. You can't terminate as you like. There is a procedure which you should follow. First, issue a charge sheet to the concerned individual and call for their reply. If you are not satisfied with their reply, then appoint an investigating officer, issue a show cause notice, and prove the guilt of the person. Then, you can take your own action. You can put them under suspension temporarily but need to pay 50% of the wages during the inquiry period. If you are not able to prove the guilt, the worker is eligible for 100% of wages.

Dear all,

This is a case of security function in performing the duties of protecting the properties and people round the clock. The following determinants need to be probed when such a case is found.

1. Who found the materials at the gate?

2. Are the persons involved in this offense acting alone?

3. Is there connivance between them and outsiders?

4. Is the offense committed for the first time?

5. Where did the theft or pilferage take place?

6. Are there proper rules in the department where the theft took place?

7. What is the department head or superior's role in housekeeping the materials found with the employee?

8. Was there any rule for material movement?

9. What was the security's role?

10. Was there a security post or point?

11. What was the nature and composition of the materials, such as condemned, scrap, or new?

12. What are the rules for dealing with such a theft attempt?

13. Why could such an incident have been predicted earlier?

14. Is it an isolated incident?

15. Are there any previous attempts in the place? If so, what actions were taken earlier?

Being the security consultant, I recommend that the investigation has to be carried out on the same day with all, and a detailed report has to be submitted to the HR or admin by the security department superior.

The HR would recommend the line of action based on the SOP. Under these circumstances, any employee, however good he may be, eases out voluntarily before the management takes action. It is a setback to his morale or his integrity in the face of others. If not found guilty, there comes the headache with multiple problems of IR for the management. Once the guilty is proved, there is no business for the person to stay around on the premises.

V. Rangarajan

HR and Security Consultant

Hi,

Similar to this incident, we have also experienced a situation in our company. One of our employees is facing allegations made by our contractor that he took money for processing the bills. However, the contractor does not have any proof that he paid the money to the employee. There are one or two computer printouts with some calculations, but no hard copy proof is available with him. The company has collected all the official documents, including the ID card, from the employee and advised him to stay at home without attending the office (this advice was given orally, not in writing).

The company has conducted internal inquiries with this employee twice and finally issued a chargesheet along with a show-cause notice, to which the employee responded.

The company management has now made a decision and filed an FIR with the police before receiving a reply from the employee. As of now, no suspension or termination order has been issued by the company.

Additionally, the company is advising the employee to appear before the inquiry committee without providing any reimbursement for travel, accommodation, conveyance, or other expenses.

The employee has not received a salary since July '09, and the other expenditure reimbursements are also pending. The employee has requested the company to pay the dues immediately, but there has been no response from the company.

Please advise on what actions can be initiated from both the employee's side and the company's side in this case.

Dear Prayas,

Give a Police Complaint to the Local Police Station explaining all these issues and also ask for a letter from the 1st fellow stating that the 4th fellow was involved in the theft. This will help the police determine if the 4th person is guilty or not. If he is proven guilty, proceed by presenting the Appointment Order Clauses and terminate him immediately as he has been found guilty.