Handling Employees with Legal Issues
How do we handle an employee against whom criminal and legal proceedings are initiated on the personal front? This employee is unable to report to work as well. Do we go ahead with a termination or wait for the employee to clear their name?
Best Regards,
Saumya
From India, Madras
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2How do we handle an employee against whom criminal and legal proceedings are initiated on the personal front? This employee is unable to report to work as well. Do we go ahead with a termination or wait for the employee to clear their name?
Best Regards,
Saumya
From India, Madras
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Until and unless it is proven, you cannot take any action on the criminal case part. However, as far as absenteeism is concerned, you can issue a charge sheet and initiate action. If the absenteeism continues, you can also terminate employment.
Regards,
Kamesh
From India, Hyderabad
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Regards,
Kamesh
From India, Hyderabad
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However, in such cases, sending a charge sheet doesn't make sense since we know the reason why the employee is unable to come to work. Moreover, if he is unavailable at home due to police proceedings, the charge sheet will come back undelivered. Then what do we do?
From India, Madras
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From India, Madras
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Saumya, how long you will wait?? i think, you need to terminate him and find a replacement for him quickly.. regards, Devi
From India, Tiruppur
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From India, Tiruppur
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I think you have to cross-match the offense with the local applicable law for your organization. For example, if your organization is an industry, then find the guidelines from the applicable industrial law or code.
Thanks,
Haider
From Bangladesh, Dhaka
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Thanks,
Haider
From Bangladesh, Dhaka
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Normally, the certified Standing Orders (Service Rules, in case the establishment does not have Standing Orders) of the company will have provisions to deal with such situations. Mere overhearing the matter should not be grounds for termination. You should have proof to establish that the employee has been convicted by a court. Otherwise, you have to initiate disciplinary action against the employee for continuous absence from work. For that, you should send a registered letter to him, explaining that he has been absent without approval of leave and should explain why action should not be taken against him for not reporting to work. He should be given enough time also. This is because a registered letter may take 3 days to reach the destination Post Office from where an intimation is given to the address to collect the letter. The addressee can collect it within seven days only, and till then the Postmaster is expected to keep it. That means 10 days, and the acknowledgment will take another 3 days to make it two weeks!
If he does not turn up, you can send another letter, which will also take another 14 days to make it one month. Even after that, if he does not turn up, you have to send a letter stating that his services will be terminated if not reported to duty within 7 days. That will again take 21 days! Finally, you can treat him as absconding by the end of the 2nd month.
If you do not follow the above procedure, your act of terminating the employee will be treated as unfair and illegal.
Regards,
Madhu.T.K
From India, Kannur
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If he does not turn up, you can send another letter, which will also take another 14 days to make it one month. Even after that, if he does not turn up, you have to send a letter stating that his services will be terminated if not reported to duty within 7 days. That will again take 21 days! Finally, you can treat him as absconding by the end of the 2nd month.
If you do not follow the above procedure, your act of terminating the employee will be treated as unfair and illegal.
Regards,
Madhu.T.K
From India, Kannur
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madhu, in this case, the employee is in custody, so him recieving the show cause notice is out of the question. In this case, does sending a show cause make any sense?
From India, Madras
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From India, Madras
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The court will only review whether there was any procedural lapse. Therefore, even if you know that he is under police custody, in the absence of evidence and in the absence of provisions in the Standing Orders of the company, issuing letters to the absenting employee is mandatory to prove that the employer had given all opportunities to the employee to show his innocence. If no procedure is followed, his termination shall be nullified on the ground that principles of natural justice have not been followed.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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Sir, please let me know the following:
1. If an employee is suspended due to criminal proceedings, should any salary be given? If yes, what are the criteria?
2. Suppose, after 2-3 years, the employee is acquitted by the court. Should his service be reinstated? If reinstated, should all his pending salary be given in terms of arrears or not?
Thank you,
SNC
From India, Ranchi
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1. If an employee is suspended due to criminal proceedings, should any salary be given? If yes, what are the criteria?
2. Suppose, after 2-3 years, the employee is acquitted by the court. Should his service be reinstated? If reinstated, should all his pending salary be given in terms of arrears or not?
Thank you,
SNC
From India, Ranchi
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Suspending an Employee Due to Criminal Proceedings
How can you suspend an employee due to criminal proceedings? As far as the organization is concerned, regarding his attendance and work, if he is not attending duty due to criminal proceedings, you have to follow the procedure mentioned above and terminate the employee.
Once the employee is terminated, the employer does not have any liability. Even after termination, if the employer wants to rehire the individual, it would be considered a fresh recruitment. In extraordinary circumstances where the employee is still on the company's rolls, there is no necessity to pay them on the basis of no work, no pay.
Regards,
Kamesh
From India, Hyderabad
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How can you suspend an employee due to criminal proceedings? As far as the organization is concerned, regarding his attendance and work, if he is not attending duty due to criminal proceedings, you have to follow the procedure mentioned above and terminate the employee.
Once the employee is terminated, the employer does not have any liability. Even after termination, if the employer wants to rehire the individual, it would be considered a fresh recruitment. In extraordinary circumstances where the employee is still on the company's rolls, there is no necessity to pay them on the basis of no work, no pay.
Regards,
Kamesh
From India, Hyderabad
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Once an employee is terminated, the question of suspension from service does not arise. Therefore, no salary is payable, nor any subsistence allowance. Termination represents the final order of the company, and reinstatement of an employee after 2-3 years of their release will also not occur. Furthermore, if the procedures are correct, the employer's order cannot be set aside.
Regards,
Madhu.T.K
From India, Kannur
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Regards,
Madhu.T.K
From India, Kannur
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To take the discussion further, consider the situation where the employee in question is out on bail and wishes to return to duty, but is required to report to the police station once or twice a week. The police may summon him for interrogation at any time. What should be done in such a scenario? Should he be allowed to resume work after a period of, let's say, two to three months?
Your views, please.
Regards,
Chitnis.
From India, Mumbai
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Your views, please.
Regards,
Chitnis.
From India, Mumbai
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