Hi,
In service jurisprudence, the employer-employee relationship is based on trust. When trust is lost, the relationship is lost. Loss of confidence in the employee is a serious allegation and may warrant HR counseling and disciplinary actions immediately.
Disciplinary action against an employee can be initiated for misconduct under service rules, which is a violation of any standing order or conduct rules framed by the organization.
A more serious form of charge is criminal misconduct, such as criminal breach of trust, forgery with documents, or offenses involving moral turpitude, which are cited in this case.
If there is no financial loss to the organization, the employer generally does not go for initiating criminal action against the delinquent employee but rather opts for HR counseling first. After HR counseling, if no perceptible changes in the employee's behavior are visible, disciplinary action is taken to address the misconduct.
The employer is the best judge to decide whether to proceed with disciplinary action or initiate a criminal charge for offenses involving moral turpitude. Establishing a criminal charge in the court of law is very difficult as a superior quality of evidence is required to prove the charge conclusively for a conviction under the Indian Penal Code. However, in departmental proceedings, a preponderance of probability is sufficient to punish an employee.
That is why in cases of infractions or petty offenses, the employer should opt-out of charging an employee for criminal misconduct and instead may proceed with disciplinary proceedings for misconduct in employment if HR counseling fails. The ground reality should be judged by the employer.
With regards,
S.G. Bhattacharjee
Guwahati
From India, Guwahati
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1In service jurisprudence, the employer-employee relationship is based on trust. When trust is lost, the relationship is lost. Loss of confidence in the employee is a serious allegation and may warrant HR counseling and disciplinary actions immediately.
Disciplinary action against an employee can be initiated for misconduct under service rules, which is a violation of any standing order or conduct rules framed by the organization.
A more serious form of charge is criminal misconduct, such as criminal breach of trust, forgery with documents, or offenses involving moral turpitude, which are cited in this case.
If there is no financial loss to the organization, the employer generally does not go for initiating criminal action against the delinquent employee but rather opts for HR counseling first. After HR counseling, if no perceptible changes in the employee's behavior are visible, disciplinary action is taken to address the misconduct.
The employer is the best judge to decide whether to proceed with disciplinary action or initiate a criminal charge for offenses involving moral turpitude. Establishing a criminal charge in the court of law is very difficult as a superior quality of evidence is required to prove the charge conclusively for a conviction under the Indian Penal Code. However, in departmental proceedings, a preponderance of probability is sufficient to punish an employee.
That is why in cases of infractions or petty offenses, the employer should opt-out of charging an employee for criminal misconduct and instead may proceed with disciplinary proceedings for misconduct in employment if HR counseling fails. The ground reality should be judged by the employer.
With regards,
S.G. Bhattacharjee
Guwahati
From India, Guwahati
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Dear Selva,
From the legal jurisprudence point of view, your stand might not be viable in the court of law.
1.) What is the nature of your employment bond? After 5 years, one can file a complaint under bonded labor if you don't provide justification for the 5-year bond.
2.) On the letter pad, how are you going to prove that he didn't work for you? If he did, what reasons would you assume for refusing to acknowledge his employment with you?
3.) Finally, if I am his counsel, I would recommend him to use the letter without a signature mapping for the exact days he worked.
I can understand your anger with him due to the rude behavior, but it would be hilarious to sue someone for a 5-year bond or a lost letter pad.
From India, Bangalore
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From the legal jurisprudence point of view, your stand might not be viable in the court of law.
1.) What is the nature of your employment bond? After 5 years, one can file a complaint under bonded labor if you don't provide justification for the 5-year bond.
2.) On the letter pad, how are you going to prove that he didn't work for you? If he did, what reasons would you assume for refusing to acknowledge his employment with you?
3.) Finally, if I am his counsel, I would recommend him to use the letter without a signature mapping for the exact days he worked.
I can understand your anger with him due to the rude behavior, but it would be hilarious to sue someone for a 5-year bond or a lost letter pad.
From India, Bangalore
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