Managing Employee Murder: HR Procedures, Legal Compliance, and Compensation Guidelines

Dear Sir,

If one employee commits a murder of another employee on factory premises, what actions can we take as HR professionals? Please guide us on the appropriate steps to follow in this situation.

Additionally, what procedures should be followed at the PF office and ESIC office? What kind of documents should we maintain for this?

Thank you for your assistance.

Dear Harsh,

How did you determine that an employee murdered another employee? What proof do you have? If you have clear evidence, you must inform the nearest police station and hand over the employee to the police. Murder, culpable homicide, and rape are three offenses that cannot be tried at the organizational level. Until the case is resolved, you can suspend the employee, and if guilt is proven, you can dismiss the employee from your factory. Any losses incurred due to the employee, such as property damage and compensation payments (after claiming insurance for the deceased employee), can be deducted from the final benefits before issuing the dismissal order.

If the crime is proven, you must also inform the ESI Office to stop providing medical aid to the individual.

Thank you.

Dear Harsh,

As an HR professional, you have limited rights to execute at the organizational level. Offenses like murder cannot be handled by any HR, and for that matter, not by the management either. The steps are cited in the above post. You must inform the police if you haven't done so.

What was the reason for "murder" - if you say so? Was it personal between the two involved or related to a company affair? What was the grade/cadre of the two? Based on this, ensure that the family of the deceased gets all the dues and also pension or a lump sum compensatory amount. Offering employment to someone from his family - if it matches your company's criteria - can also be done.

In addition to PF and ESIC for the family of the deceased, they are also eligible for GRATUITY as per the last basic till the year of retirement. Please read the Gratuity Act.

For the one who has committed the offense, you can keep a copy of the FIR (obtain from the police station) and keep it for your records.