Respected Seniors,
Suppose an employee of a private limited firm is being arrested by the police authorities and taken into their custody or 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 a half months, the police have not filed a charge sheet against him. According to their (offline) information, nothing has been collected as evidence against him. In such a case, what will be the course of action for the employer regarding his service?
When there are no clear-cut standing instructions, what will be the general practice of the industry regarding this? Please enlighten me.
Sekhar
From India, Chandigarh
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Suppose an employee of a private limited firm is being arrested by the police authorities and taken into their custody or 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 a half months, the police have not filed a charge sheet against him. According to their (offline) information, nothing has been collected as evidence against him. In such a case, what will be the course of action for the employer regarding his service?
When there are no clear-cut standing instructions, what will be the general practice of the industry regarding this? Please enlighten me.
Sekhar
From India, Chandigarh
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Dear Mr. HAIL CSV,
Many employers have a hard time thinking about how to openly communicate with employees who are accused for one reason or another, whether externally or internally. The unfortunate reality is that not every employee is perfect. In the case where an employee has been arrested due to an indictment, and there has been no confirmation from the police to prove the allegation, what is stopping you from retaining the employee? Actions should be taken based on confirmed evidence, such as when the police or legal authority confirms any unlawful activity.
It is important to remember that the employee is considered innocent until proven guilty. If you are uncertain about reinstating the employee, I suggest conducting a thorough reference check on their personal background. Hopefully, it will not come to this, but if necessary, you should be prepared to terminate the employee's service without causing harm to yourself or the company.
Always keep track of information related to such employees; it may prove useful during challenging situations.
Kind regards,
[Your Name]
From India, Visakhapatnam
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995Many employers have a hard time thinking about how to openly communicate with employees who are accused for one reason or another, whether externally or internally. The unfortunate reality is that not every employee is perfect. In the case where an employee has been arrested due to an indictment, and there has been no confirmation from the police to prove the allegation, what is stopping you from retaining the employee? Actions should be taken based on confirmed evidence, such as when the police or legal authority confirms any unlawful activity.
It is important to remember that the employee is considered innocent until proven guilty. If you are uncertain about reinstating the employee, I suggest conducting a thorough reference check on their personal background. Hopefully, it will not come to this, but if necessary, you should be prepared to terminate the employee's service without causing harm to yourself or the company.
Always keep track of information related to such employees; it may prove useful during challenging situations.
Kind regards,
[Your Name]
From India, Visakhapatnam
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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 supersede 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
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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 supersede 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
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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
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From India, Chandigarh
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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
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From India, Chandigarh
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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 rumors or negative attitudes towards the employee.
Regards,
Harsh
From United Kingdom, Barrow
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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 rumors or negative attitudes towards the employee.
Regards,
Harsh
From United Kingdom, Barrow
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(DOC - ESSPM) Employee Satisfaction Survey Process Manual.pdf