How Does Being Accused in a Criminal Case Affect Your Job Security? Seeking Advice

I would like to know what the effect on one's employment will be if he/she is named as an accused in an ongoing criminal case in a magistrate court.

Impact of Criminal Charges on Employment

For example, if a male employee's wife has filed a complaint against him for dowry harassment and domestic violence with the police, and the police subsequently file an FIR and chargesheet in court, with the case currently under trial, what will be the effect of this on the man's job? If the wife writes to the employer (Cognizant) about her husband's criminal case, will he lose his job?

Please advise.

Thanks.

I personally feel that unless and until the result of such an event does not affect his employment, the employer can't take any action against him. However, in such cases, many times the accused needs to go to court and attend the court hearing. In that case, he may need to take many leaves or absences. If such leaves are not approved by the company or his supervisor, the company can take action against him for habitual absenteeism or unauthorized absenteeism.

Regards.

The facts as mentioned by the initiator of this thread are taken into account by the Government authorities in respect of employees of Government/Public Servants, and in such cases, departmental inquiries are required to be initiated as per provisions of applicable Civil Services Rules.

However, in respect of private employment, I think there are no such instructions or rules authorizing the employers to initiate any action against their employees even if offenses are proven in court. Perhaps there may be some reference in the standing orders as applicable to the employees of any establishment.

Perhaps seniors/experts may kindly confirm the position.

Thank you.

I agree with Mr. Harsh Kumar Mehta's statement regarding what the standing order of the company says about such events. In such an event, the standing order will play an important role.

In fact, the employer may have a strong reason to take action against an employee in case they are in judicial custody for a long time, which may cause long absenteeism directly or indirectly affecting their business.

Employer Action During an Ongoing Criminal Trial

Merely because a criminal trial is pending or ongoing against an employee cannot be the reason for an employer to take action against the concerned employee. It is only if an employee commits misconduct relating to his employment, which has consequences of the criminal trial, that the employer has the right to take action. This action can only be taken after holding an inquiry into the alleged misconduct by the concerned employee. The employer cannot take any action against the employee solely because of the pendency of a criminal trial.

Whatever you said is correct: until and unless the court gives a judgment declaring him guilty of any offense, he can't be treated as an "OFFENDER." However, there may be a misinterpretation of our view.

Clarification on Employer Actions

In my first thread, I clearly mentioned that the employer can't take any action against him unless such an event affects his employment or business. This reason alone can't be a valid authority to take action against him. We are discussing which reasons can lead to taking action against him, especially those related to employment law. How can any of his actions lead or attract the employer to take action against him?

I never mentioned termination in my post because I understand the process and respect the domestic inquiry. I hope this clarifies the members' views.

Employment and Legal Issues: A Comparative Analysis

Normally, the sphere of employment is limited to the working hours and place of work. Beyond these limits, an employee is free to conduct himself as per his choice, and the resultant consequences have to be tackled by him only. The employer is freed from moral policing. However, employment under the Government is distinctly different from that of private employment.

Code of Conduct for Government Servants

The Code of Conduct of Government Servants is both written and unwritten. The honorable Allahabad High Court observed in its judgment in Laxmi Narain v. Dist. Magistrate: "If the Government were to sit back and permit its officials to commit any outrage in their private lives provided it falls short of a criminal offense, the result may very well be a catastrophic fall in the normal prestige of the administration."

Disciplinary Control in Private Employment

On the contrary, the disciplinary control is assumed by the employer in private employment over his employees only for the violation of the written code of conduct or, in other words, the omissions and commissions of certain acts subversive of discipline precisely enumerated in the Standing Orders applicable or in the contract of employment. For example, clause (m) of serial no. 17 of the Model Standing Orders for Industrial Establishments in Coal Mines (Schedule I-A of the I.E.S.O Central Rules 1946) mentions conviction in any Court of Law for a criminal offense involving moral turpitude as misconduct. So, the industrial employer is at liberty to include such a clause in the Standing Orders applicable to his establishment. If not, he is precluded from proceeding against the employee on such a score alone.

Impact of Conviction in a Criminal Case

Hence, what would be the impact of conviction in a criminal case resulting in imprisonment? As Tushar Swar said, unauthorized absence and its consequences are the answer. In the final analysis, the ongoing criminal case, per se, will not have any impact on the job of a private sector employee.