How Can My Colleague Navigate Allegations and HR Delays Affecting His Career?

Query Regarding Allegation and HR Proceedings

Please help to resolve a query that my colleague is facing in a company. He has been alleged to have asked for an incentive from his subordinate. The allegation was reported to HR by his subordinate, and this issue has been pending with HR for 8 months since it occurred in October. On November 13, he was issued a show cause notice, to which he replied, but HR has not responded to his explanation yet.

In March, he received an opportunity for a profile increment and was asked by the local HR to relocate to another location. However, the company reopened the allegation in March and ordered a fraud investigation against him. The investigation report is still pending.

The company now intends to terminate the employee for being found guilty of asking for an incentive from his subordinate. The employee, who is a high performer and has received numerous awards and rewards from the company, did not actually receive any cash. Just asking for an incentive should not lead to termination. If he is terminated, it could significantly impact his career, including his PF, gratuity, experience letter, and relieving letter. It may also affect his ability to join or switch to another company.

I am seeking advice on the best possible way for him to navigate this situation and come out of this difficult period. He has been under significant stress for the past 9 months due to this ongoing issue.

Thank you for your assistance.

Was it true that your friend asked his subordinates for incentives? If a company terminates an employee, the employee is not eligible to receive the relieving letter or experience letter. However, in this case, as HR has not replied for a long time and is now taking action, it seems meaningless. Your friend can talk to the higher-level management about this and at least try to obtain his relieving letter and experience letter.

An employee has the right to claim their PF amount regardless of the situation (termination, resignation, or absconding). Additionally, if the employee has served for 5 years in the same company, they are eligible for gratuity as well.

Allegation of Incentive Request and Its Consequences

Is it true that your friend asked his subordinates for incentives? If a company terminates an employee, the employee is not eligible to receive the relieving letter or experience letter. However, in this case, as HR has not replied for a long time and is now taking action, your friend can talk to the higher level/management about it and at least get his relieving letter.

An employee has the right to claim his PF amount in any situation (termination/resignation/absconding). Also, if he has served 5 years in the same company, he is eligible for gratuity too.

The business came with the effort of the superior; there was no effort from his subordinate, and he cannot book the business under his employee code. He approached his junior, and the junior agreed to give a 60% incentive. After the amount was credited, the junior did not pay the agreed amount and instead complained to HR, for which he made no effort. The employee has completed 5.8 years in the company. Now, he resigned due to this kind of treatment and feels very bad about his subordinate breaching and cheating his superior. Please provide possible solutions for this query. He has over 9 years of experience and a bright future ahead. If the company terminates him, he will be left with nothing. If he is not relieved from his duties, he cannot move forward in his career. Please guide or suggest.

Regards

Thank you for your motivation. How about the relieving letter and experience letter? He is constantly in touch with HR and his boss, who sits in Mumbai. This is a very big and popular company in the market. If he gets terminated, it will be worse for him. Even if he is terminated and finds a job and joins another company, what will the other company do with his candidature if they come across or inquire about his past company?

Well, Zaid, if the company terminates, then it's a problem. As I told you, "Let your friend talk first with HR." What are your Mumbai HR representatives saying? How are they handling his situation—termination or proper resignation?

Well Zaid, if the company terminates, then it's a problem. As I told you, "let your friend talk first with HR." What are your Mumbai HR telling you? How are they relieving him? I mean, termination or proper resignation?

I think somebody is playing with him to spoil his career. I have known him for years; he is well-behaved and has very sound knowledge of the market. HR has informed him to wait for 2 days. Due to this complaint, his rating has dropped, there's no increment, and now he's facing difficulties even though he has submitted his resignation. Can he approach the Human Rights Commission to get his rights, or should he approach a good advocate? Are there any rules in HR policies to come out of this mess? Please share your views. However, he is very depressed and demotivated; maybe he will take time to come out of the depression and the wrong things that have happened to him.

As per the law, if an employee's services are terminated due to misconduct, he is not entitled to gratuity under the Act. Of course, he will be entitled to the EPF.

Steps to Address the Issue

Regarding his problem, he should directly meet the top brass of the company or the General Manager of the unit if the unit is big. He should explain his performance in the organization and his conduct concerning the complaint, and seek pardon. If the officer does not agree, the employee should offer his resignation and seek the approval of the top boss on humanitarian grounds. This is the only way to settle the issue. Besides, he may also talk to his subordinate about the cause of his disgruntlement and try to sort it out amicably.

I am sure a way will emerge.

Regards,
S.K. Johri