Dear Sir,
According to standing order of the company,” All workmen will be deemed to have been appointed on the basis of the applications / representations made and facts disclosed in their applications for employment of / in the form/forms required to be filled at the time of employment. The Manager may verify the antecedents of a workman made false declaration in the establishment or in case the verification of antecedents’ reveals any adverse remarks/reports against him/her which would in the opinion of the manager make him/her unfit for employment in the establishment, appointment is liable to be terminated without any compensation or notice whatsoever.”
Behalf of Standing order we can terminate him without compensation?
Regards
Alok
From India, Nasik
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4According to standing order of the company,” All workmen will be deemed to have been appointed on the basis of the applications / representations made and facts disclosed in their applications for employment of / in the form/forms required to be filled at the time of employment. The Manager may verify the antecedents of a workman made false declaration in the establishment or in case the verification of antecedents’ reveals any adverse remarks/reports against him/her which would in the opinion of the manager make him/her unfit for employment in the establishment, appointment is liable to be terminated without any compensation or notice whatsoever.”
Behalf of Standing order we can terminate him without compensation?
Regards
Alok
From India, Nasik
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Dear Alok,
The standing order as mentioned hereinabove can be challenged in Hon'ble Labour court or Higher court even though if this has been accepted mutually by both the parties (Employer & Employee) as per the norms and policies of the company.
I remember a case of similar nature where the judgment was passed in favor of the employees, wherein the court said, "it is the sole responsibility of the Recruitment Team to appoint any person in any organization after verifying all the academics and credentials, character antecedents, police verification if required, of the candidate."
To be on the safer side and discourage unfair practice, it is wise to clear his pending compensation and ask him to resign from the capacity he is working on a good note.
Regards, Videet
From India, Pune
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The standing order as mentioned hereinabove can be challenged in Hon'ble Labour court or Higher court even though if this has been accepted mutually by both the parties (Employer & Employee) as per the norms and policies of the company.
I remember a case of similar nature where the judgment was passed in favor of the employees, wherein the court said, "it is the sole responsibility of the Recruitment Team to appoint any person in any organization after verifying all the academics and credentials, character antecedents, police verification if required, of the candidate."
To be on the safer side and discourage unfair practice, it is wise to clear his pending compensation and ask him to resign from the capacity he is working on a good note.
Regards, Videet
From India, Pune
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Dear Sir,
I have talked to a person who told me that he has not received his salary for the last three months from his previous employer due to the company's bad financial crisis.
When he submitted his resignation to the company, they did not provide him with acceptance, a relieving letter, and an experience certificate. Therefore, he prepared his own experience certificate.
Kindly suggest to me what to do in this matter? However, my corporate Head HR does not agree with this situation; he wants to terminate him.
Regards,
Alok
From India, Nasik
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I have talked to a person who told me that he has not received his salary for the last three months from his previous employer due to the company's bad financial crisis.
When he submitted his resignation to the company, they did not provide him with acceptance, a relieving letter, and an experience certificate. Therefore, he prepared his own experience certificate.
Kindly suggest to me what to do in this matter? However, my corporate Head HR does not agree with this situation; he wants to terminate him.
Regards,
Alok
From India, Nasik
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If you are able to speak to him and get the above-mentioned reply, you can document it by giving him a memo and asking him to reply in writing. The reply need not be accepted (as it is clear that the management does not want to hear his explanation), and you can proceed with an inquiry and terminate his service following the reports. By admitting the fact that he had made the certificate by himself, his innocence is not proved. Whatever is done is a serious misconduct. Above all, your standing orders say that the services of an employee who takes employment after producing forged documents shall be terminated without paying any compensation. Even the court will not say that you should retain him or pay him any compensation. If an employee is dismissed on such charges after following a proper inquiry and after giving the accused all opportunities to defend his charges, no court will say that the employee should be reinstated because once the employer loses confidence in an employee, the former has the right to terminate the contract of employment.
However, two months' salary pending shall be paid without fail.
Regards,
Madhu.T.K
From India, Kannur
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However, two months' salary pending shall be paid without fail.
Regards,
Madhu.T.K
From India, Kannur
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hey alok , why don’t you simply get the emplyee verification done through indiaverified(dot)com
From India, Mumbai
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From India, Mumbai
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Dear Sir, Thanks for suggestion. But I have a quarry regarding Verification. Why companies don’t verify their document before provide them offer letter? Regards Alok
From India, Nasik
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From India, Nasik
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There is one fundamental question facing the organization here: do you tolerate falsification and cheating?
If your organization cares, it should immediately terminate the person who falsified records. This is important because other employees will feel hurt and demoralized.
Alternatively, if you don't mind (as an organization), you should pay him his salary with all honors. Other employees will also try to do similar acts, and you will have to live with it.
Now that you have given him work but not paid his salary, you may ask him to leave after settling his dues. In this way, you have lost the opportunity to penalize him.
Organizations should not take undue advantage of an employee, even when he/she has committed a wrongful act. Organizations should neither engage in wrongful acts nor tolerate them.
From India
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If your organization cares, it should immediately terminate the person who falsified records. This is important because other employees will feel hurt and demoralized.
Alternatively, if you don't mind (as an organization), you should pay him his salary with all honors. Other employees will also try to do similar acts, and you will have to live with it.
Now that you have given him work but not paid his salary, you may ask him to leave after settling his dues. In this way, you have lost the opportunity to penalize him.
Organizations should not take undue advantage of an employee, even when he/she has committed a wrongful act. Organizations should neither engage in wrongful acts nor tolerate them.
From India
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Dear Alok Singh
According to your statement two things has to be noted
1, we got a negative feedback from one of our newly joined employee----? Do you feel he/she (newly joined employee) is authority to give are disclose the employee details in there previous company.
2. I hope he is still working with your company – as per your statement, if he submitted a fake certificate he might have abscond because you have hold his salary.
According to me please inform the fact what had happen really – to get solution from us
M.Suresh
Fidelity Verification services
09840259786
From India, Madras
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According to your statement two things has to be noted
1, we got a negative feedback from one of our newly joined employee----? Do you feel he/she (newly joined employee) is authority to give are disclose the employee details in there previous company.
2. I hope he is still working with your company – as per your statement, if he submitted a fake certificate he might have abscond because you have hold his salary.
According to me please inform the fact what had happen really – to get solution from us
M.Suresh
Fidelity Verification services
09840259786
From India, Madras
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Dear Alok,
I hope that you are in good health. A fake certificate is not a good sign, but first of all, check what the law describes in this situation. If the law doesn't mention anything about this, then check if your company has any code of conduct regarding fake certificates.
BUT REMEMBER! An employee is the main asset of the company, and an efficient employee is more than an asset. So, keep in mind that if the supervisor is performing well beyond his responsibilities, there may be no need to punish him. Just warn him professionally so that others don't become demoralized. This is the best solution. However, keep an eye on him because INTEGRITY is the most important aspect in a company/organization.
I hope that you understand.
Regards,
Ghulam Mustafa
+966 566 457419
From Saudi Arabia, Riyadh
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I hope that you are in good health. A fake certificate is not a good sign, but first of all, check what the law describes in this situation. If the law doesn't mention anything about this, then check if your company has any code of conduct regarding fake certificates.
BUT REMEMBER! An employee is the main asset of the company, and an efficient employee is more than an asset. So, keep in mind that if the supervisor is performing well beyond his responsibilities, there may be no need to punish him. Just warn him professionally so that others don't become demoralized. This is the best solution. However, keep an eye on him because INTEGRITY is the most important aspect in a company/organization.
I hope that you understand.
Regards,
Ghulam Mustafa
+966 566 457419
From Saudi Arabia, Riyadh
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Dear Alok,
The matter first needs investigation. Afterward, if you find that the certificate was fake, then after suspending him, follow the proper legal procedure, i.e., show cause notice, charge sheet followed by a domestic inquiry. Ensure that the inquiry is free and fair and not with a predisposition. If found guilty, dismiss him. Please do not make any compromise by keeping him in service. The right attitude holds more value towards organizational development than anything else.
With regard to payment, you have two options. Firstly, you may book him under IPC for cheating as defined under Section 415 and forgery under Section 463, and the punishment thereof under Sections 417 & 465 of IPC respectively. In this case, the whole of the salary withheld will also become a subject matter of decision of litigation under Section 15 of The Payment Of Wages Act (delay in payment of wages), and the final payment will depend upon the outcome of the decision of the authority appointed under Section 15(I). However, this will be too extreme, and as a manager, it will be stretching too far. A better course would be to pay the payment for the period he has worked. Caution for you is that time is running out of your hands, and the more delay you make in taking action, the case tilts more favorably towards the employee concerned. Obviously, after the suspension, you need to pay him only according to suspension rules.
Feel free to contact me if you need further assistance.
Regards,
DS
Email: dstomer2007@rediffmail.com
From India, Kanpur
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The matter first needs investigation. Afterward, if you find that the certificate was fake, then after suspending him, follow the proper legal procedure, i.e., show cause notice, charge sheet followed by a domestic inquiry. Ensure that the inquiry is free and fair and not with a predisposition. If found guilty, dismiss him. Please do not make any compromise by keeping him in service. The right attitude holds more value towards organizational development than anything else.
With regard to payment, you have two options. Firstly, you may book him under IPC for cheating as defined under Section 415 and forgery under Section 463, and the punishment thereof under Sections 417 & 465 of IPC respectively. In this case, the whole of the salary withheld will also become a subject matter of decision of litigation under Section 15 of The Payment Of Wages Act (delay in payment of wages), and the final payment will depend upon the outcome of the decision of the authority appointed under Section 15(I). However, this will be too extreme, and as a manager, it will be stretching too far. A better course would be to pay the payment for the period he has worked. Caution for you is that time is running out of your hands, and the more delay you make in taking action, the case tilts more favorably towards the employee concerned. Obviously, after the suspension, you need to pay him only according to suspension rules.
Feel free to contact me if you need further assistance.
Regards,
DS
Email: dstomer2007@rediffmail.com
From India, Kanpur
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