Advice On Employee Arrested On Personal Issue - Employment - Reg

Hi Seniors,
One of our employee not reporting to work since 2nd Aug 2012.. We sent him the absconding letter to the address available with the companies records. Its returned undeliver stating that no one available to collect the same.
Apparently we come to know from the neighbors, employee wife committed suicide on 02.08.2012 and police arrested him on suspicious murder against harassment case.. Subsequently sent him to remand.. After one month he came back to work on bail and requesting for the employment..
Please advice..
1. Can we take someone who is arrested on some reason
2. Since he is not convicted any caselaws on the same matter.
warm regards
Rama
09703100700

If he is the old employee of u r organization then u would know his attitude ,
U can take him in company but keep monitoring his activities if , any suspicious report to police
and also if his service important to u then take it but know his intentions
ALAM
9676771014

Seek for the legal counsel first and after it conduct independent investigation and talk to the Employee what happened and if you want to verify the version you can easily get the copy of Police Report and Once you have the facts straight, speak with the employee and let him know you think he has a problem and that you want to help.
I think we would expect any employee to back to work after a run in with the law to be defensive
If there are performance issues that need to be addressed they will be addressed. If there are no performance issues on the job, the employee will be placed on notice that the company is aware of their problem and will take the action against him or terminate him if they find him guilty.

If the employee has secured bail, there is no legal reason not to take him in.
Warm regards.

dear sir
What action have you taken for his absence. You can issue chargesheet and conduct enquiry for absence. If his past record is otherwise clean and he is a good employee, you cannot take disciplinary action for anything occuring outside the premises of the co.

Yeah many companies have different rules and policies, since the employee is on bail and the police released him on bail just because he is not a threat to society, so there is no harm in taking him back provided he does not mix personal life with job and the other colleagues also treat him as normal, now its common mentality that as soon everyone knows this without even thinking the reality all will ignore that person, so dont know how he will work, he might even need his job to meet legal and day to day expenses, just shunning a person just because he is accused is not right, innocent until proven guilty is the rule of the land
So the person should not mix his pers and prof life in office and other colleagues should behave normally with him then only he can work in peace and both employer an demployee can benefit from this .

Dear Member
1. You can proceed with the disciplinary enquiry for absenteeism which I am sure should not go against the employee as he had a very genuine reason for his unauthorised absenteeism and sufficient document to prove the same.
2. The employee in question is an accused and not a convict and there is no labour law which allows to combine act performed in the private life that do not harm the company to be the grounds of dismissal.
It is best to take back the employee. Request , not to mix professional and personal life till it is not interfering in the company matters.
Further more if at a later date it is found that the employee is not guilty then would you take him back in the organisation.
Regards
Preetam Deshpande