Respected Seniors,
Suppose, an employee of pvt. ltd firm is being arrested by the Police authorites and take him in their custody/judicial custody(remand) in connection with the murder charges of his wife. Since the day he was arrested he could not attend the office. even after a lapse of 2 and half months, Police were not filed charge-sheet on him. As per their (offline)information nothing has been collected as evidence against him. In such case... what will be the course action of the employer about his service..
When there is no clearcut standing instructions, then what will be the general practice of the industry regarding this.
Please enlighten me...
Sekhar
From India, Chandigarh
Suppose, an employee of pvt. ltd firm is being arrested by the Police authorites and take him in their custody/judicial custody(remand) in connection with the murder charges of his wife. Since the day he was arrested he could not attend the office. even after a lapse of 2 and half months, Police were not filed charge-sheet on him. As per their (offline)information nothing has been collected as evidence against him. In such case... what will be the course action of the employer about his service..
When there is no clearcut standing instructions, then what will be the general practice of the industry regarding this.
Please enlighten me...
Sekhar
From India, Chandigarh
Dear Mr. HAIL CSV,
Many employers have a hard time to think that how to talk openely with employees who are accussed of some or the other reason (externally or internally). The very unfortunate reality is that every employee is not perfect -- since the above employee has been arrested due to an indictment and there has been so far ain't no reason of confirmation from the police to prove the allegation, then what is it stopping you from taking the employee. Actions are pertained upon ascertained substantiations when the police or any legal authority confirms the unlawful death.
Profoundly, the employee will remain innocent unless he is found culpable. If you are so unsure as to take back the employee IN, suggest you to do some reference check from your end on his personal background -- Hopefully you will not have to get to this point, but if you do, you want to be able to end the employee's service without detriment to you and the company
Always keep a track of the findings related to such employees; which might be of assistance (handy) whenever situations are in obligation.
From India, Visakhapatnam
990Many employers have a hard time to think that how to talk openely with employees who are accussed of some or the other reason (externally or internally). The very unfortunate reality is that every employee is not perfect -- since the above employee has been arrested due to an indictment and there has been so far ain't no reason of confirmation from the police to prove the allegation, then what is it stopping you from taking the employee. Actions are pertained upon ascertained substantiations when the police or any legal authority confirms the unlawful death.
Profoundly, the employee will remain innocent unless he is found culpable. If you are so unsure as to take back the employee IN, suggest you to do some reference check from your end on his personal background -- Hopefully you will not have to get to this point, but if you do, you want to be able to end the employee's service without detriment to you and the company
Always keep a track of the findings related to such employees; which might be of assistance (handy) whenever situations are in obligation.
From India, Visakhapatnam
Hi HAILCSV,
The Laws of all democratic countries promote the maxim:
Innocent until proven Guilty (although the reality might be different !!).
As the Laws of the Land supercede any company rules and regulations, it follows that the company should allow the worker to continue normal work.
However, the company also has a duty of care and obligations to ALL employees.
Therefore, it will have to consider the implications of having the employee back at work. How will other employees react? Will they be comfortable? particularly as this will affect performance. As rumors will no doubt abound will the employee himself be comfortable at work?
In my opinion, the accused employee should be suspended, until the authorities have concluded their investigations.
Any pay or dues to the employee during the suspension is altogether another matter.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
The Laws of all democratic countries promote the maxim:
Innocent until proven Guilty (although the reality might be different !!).
As the Laws of the Land supercede any company rules and regulations, it follows that the company should allow the worker to continue normal work.
However, the company also has a duty of care and obligations to ALL employees.
Therefore, it will have to consider the implications of having the employee back at work. How will other employees react? Will they be comfortable? particularly as this will affect performance. As rumors will no doubt abound will the employee himself be comfortable at work?
In my opinion, the accused employee should be suspended, until the authorities have concluded their investigations.
Any pay or dues to the employee during the suspension is altogether another matter.
I hope the above helps.
Regards,
Harsh
From United Kingdom, Barrow
Mr. Harsh, Thanks for giving your opinion. But my question is how far employer should wait to take him back.... unless until Police releases him.. Thanks.. CSV
From India, Chandigarh
From India, Chandigarh
Mr. S.Das, Thanks for your support. but howmany months should employer to wait to take him back it will be possible only after he releases from Police/jail.
From India, Chandigarh
From India, Chandigarh
Hi,
As you obviously value this employee, you can take him back immediately after release or until all investigations have been concluded.
I would further advise that you communicate to the rest of the staff of his return and that the company will not tolerate any rumours or negative attitudes towards the employee.
Regards
Harsh
From United Kingdom, Barrow
As you obviously value this employee, you can take him back immediately after release or until all investigations have been concluded.
I would further advise that you communicate to the rest of the staff of his return and that the company will not tolerate any rumours or negative attitudes towards the employee.
Regards
Harsh
From United Kingdom, Barrow
There ain't any time specified on how many months. The employer should gather information as much as possible on account of background verification for that employee. It might take days, months and even further to an year. Depends whether the management decides to muddle through such time.
From India, Visakhapatnam
From India, Visakhapatnam
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