Can an Employee Guilty of Sexual Misconduct in India Work Abroad? Exploring Future Challenges

What will be the future of an employee who was found guilty of sexual misconduct once by a local complaint committee in a private organization in India? Nothing is mentioned in the experience letter about it. For penalty, just the work area was changed. The employee resigned himself as no resignation was asked from HR. Can this employee go abroad or work somewhere else? What will be the obstacles?

Thanks

Not only sexual misconduct, but any proven misconduct should result in proportionate punishment. In the case of proven sexual misconduct, the concerned employee was shifted to another area as a measure of punishment without any mention of the transfer, and the employee has since resigned on his own. Therefore, my opinion is that leniency might have been shown due to his otherwise unblemished past service or some technical difficulties in proving the guilt to avoid termination of his services.

Hence, as it stands, it should not affect his employability elsewhere unless negative feedback is provided in the background verification later.

Although leniency apparently appears to have been shown to you for proven sexual misconduct by not mentioning it in the experience letter and transferring you to another role, don't be under the false belief that everything is honky-dory. It may crop up again in BVG or through some other source. This is not to scare you but to make you stay alert about it.

Regards,
Vinayak Nagarkar
HR and Employee Relations Consultant

The ghost of sexual harassment charges

The ghost of sexual harassment charges may reappear at any time. It will be a kind of Achilles' heel.

In this case, since no documentation is there, he should make it a point to ensure scrupulous behavior and avoid any such entanglement in the future.