A friend of mine had a road accident case. The case is now closed in his favour. Will the case appear negatively in his back ground? He has not disclosed the case in his organization.
From India
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From India
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Road accident cases are not uncommon. In what way the company is involved on his personal case? Nothing will affect him. Pon
From India, Lucknow
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616From India, Lucknow
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Ok, thanks, I will pass on the information. He was a bit unsure as he had declared that he was not involved in any cases when he joined. The case was open at the time he joined but is closed in his favor now. His organization has started criminal background verifications now.
From India
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From India
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I think I missed a point, the case involved a death and police tried to implicate him but court acquitted him. Trust this information helps you answer the question better
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From India
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It is entirely the organization's prerogative to consider this case. Generally, a criminal case lodged at the police station works negatively during the criminal verification process. Though the reasons and outcome might be stored for further consideration, there is little that can be predicted about the final decision that will be made by the company.
Companies avoid hiring employees with a negative criminal background purely because it creates hassles for them during visa processing, maintaining any client standards for the resource pool, or for other business reasons.
Hope this answers your query.
Regards,
Cite Contribution
From India, Mumbai
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Companies avoid hiring employees with a negative criminal background purely because it creates hassles for them during visa processing, maintaining any client standards for the resource pool, or for other business reasons.
Hope this answers your query.
Regards,
Cite Contribution
From India, Mumbai
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Interesting issue! Before I respond, I feel it's only fair that you share all relevant information of the incident with the members together. It is not good to provide information piece by piece.
Having said this, my first response is: what is the job he is employed for? I understand that he is employed at a much higher level, and therefore this accident, especially when he is acquitted, should not come in his way. But now I want to know if the acquittal was by way of "honorable discharge," i.e., clean acquittal, or acquittal for want of evidence and the prosecution's inability to prove the charges! Each of these situations could draw a different response from a potential/present employer.
However, responding to (Cite Contribution)'s observations (and I agree with her entirely), in short, the point that the new employer MUST understand is, "an accused is not a criminal," or in India's jurisprudence, "everyone is innocent unless proven guilty!" In fact, this principle has been taken so far as the judiciary to be guided by the dictum, "In all cases, the accused must get the benefit of doubt and the charge has to be positively proven."
Now, a private sector employer is not bound by these jurisprudence principles and could as well take a view that if any of its employees had faced a criminal trial, then notwithstanding his acquittal, the company shall not employ such a candidate, and legally, we cannot find fault with such a policy from a private sector employer.
I would wish the concerned gentleman the best!
Regards,
Samvedan
From India, Pune
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Having said this, my first response is: what is the job he is employed for? I understand that he is employed at a much higher level, and therefore this accident, especially when he is acquitted, should not come in his way. But now I want to know if the acquittal was by way of "honorable discharge," i.e., clean acquittal, or acquittal for want of evidence and the prosecution's inability to prove the charges! Each of these situations could draw a different response from a potential/present employer.
However, responding to (Cite Contribution)'s observations (and I agree with her entirely), in short, the point that the new employer MUST understand is, "an accused is not a criminal," or in India's jurisprudence, "everyone is innocent unless proven guilty!" In fact, this principle has been taken so far as the judiciary to be guided by the dictum, "In all cases, the accused must get the benefit of doubt and the charge has to be positively proven."
Now, a private sector employer is not bound by these jurisprudence principles and could as well take a view that if any of its employees had faced a criminal trial, then notwithstanding his acquittal, the company shall not employ such a candidate, and legally, we cannot find fault with such a policy from a private sector employer.
I would wish the concerned gentleman the best!
Regards,
Samvedan
From India, Pune
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Hello Work_Force_Management,
Samvedan has put it very succinctly. However, I am not sure if this has complicated things for your friend or simplified them!
The reality remains as he mentions. Though rules in the public sector are very clear about such aspects—even regarding the continuation, suspension, or termination of services—private sector rules are hazy and prone to various interpretations, varying from organization to organization.
There are private sector companies that allow an employee to work even during the course of the case hearings as well as subsequent to acquittal or exoneration, just as there are companies that Samvedan mentioned. It would depend a lot on the individual's company-specific reputation during his/her tenure. If your friend has built up a good capability reputation within the company, the view could be lenient if his case issue comes to their notice, since it's closed in his favor now.
I can see only one suggestion to give to your friend: keep his fingers crossed for the moment and cross the bridge when it comes.
Regards,
TS
From India, Hyderabad
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Samvedan has put it very succinctly. However, I am not sure if this has complicated things for your friend or simplified them!
The reality remains as he mentions. Though rules in the public sector are very clear about such aspects—even regarding the continuation, suspension, or termination of services—private sector rules are hazy and prone to various interpretations, varying from organization to organization.
There are private sector companies that allow an employee to work even during the course of the case hearings as well as subsequent to acquittal or exoneration, just as there are companies that Samvedan mentioned. It would depend a lot on the individual's company-specific reputation during his/her tenure. If your friend has built up a good capability reputation within the company, the view could be lenient if his case issue comes to their notice, since it's closed in his favor now.
I can see only one suggestion to give to your friend: keep his fingers crossed for the moment and cross the bridge when it comes.
Regards,
TS
From India, Hyderabad
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