Hi,
In service jurisprudence ,employer employee relatiship is based on trust.When trust is lost the relationship is lost.Loss of confidence on the employee is a serious allegation and it may warrant HR Counselling and disciplinary actions immediately .
Disciplinary action against an employee can be initiated for misconduct under service rule which is violation of any standing order or conduct rules framed by the organisation.
More serious form of charge is the criminal miscoduct such as criminal breach of trust and forgery with the documents or offences involving moral turpitude which in this case is cited.
If there is no financial loss to the organisation,the employer generally does not go for initiating criminal action against the delequent employee,rather go for HR counselling first.After HR counselling if no perceptable changes in the employee behaviour is visible go for Disciplinary action for punishing the misconduct.
Employer is the best judge to decide whether to go for disciplinary action or to initiate a criminal charge for offences involving moral turpitude.Establishing a criminal charge is very difficult in the court of law as superior qulaity of evidence is required to be produced to prove the charge conclusively to warrant conviction under IPC.But in deparmental proceedings preponderences of probality is sufficent to punish an employee.
That is why in this type of ifractions/petty offences, employer should optout from charging an employee for criminal misconduct,rather may go for for disciplinary proceedings for misconduct in employment , if HR counselling fails.But the ground reality shall be judged by the employer only.
Wih regads
S.G.Bhattacharjee
Guwahati
From India, Guwahati
1In service jurisprudence ,employer employee relatiship is based on trust.When trust is lost the relationship is lost.Loss of confidence on the employee is a serious allegation and it may warrant HR Counselling and disciplinary actions immediately .
Disciplinary action against an employee can be initiated for misconduct under service rule which is violation of any standing order or conduct rules framed by the organisation.
More serious form of charge is the criminal miscoduct such as criminal breach of trust and forgery with the documents or offences involving moral turpitude which in this case is cited.
If there is no financial loss to the organisation,the employer generally does not go for initiating criminal action against the delequent employee,rather go for HR counselling first.After HR counselling if no perceptable changes in the employee behaviour is visible go for Disciplinary action for punishing the misconduct.
Employer is the best judge to decide whether to go for disciplinary action or to initiate a criminal charge for offences involving moral turpitude.Establishing a criminal charge is very difficult in the court of law as superior qulaity of evidence is required to be produced to prove the charge conclusively to warrant conviction under IPC.But in deparmental proceedings preponderences of probality is sufficent to punish an employee.
That is why in this type of ifractions/petty offences, employer should optout from charging an employee for criminal misconduct,rather may go for for disciplinary proceedings for misconduct in employment , if HR counselling fails.But the ground reality shall be judged by the employer only.
Wih regads
S.G.Bhattacharjee
Guwahati
From India, Guwahati
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 5 years one can file a complaint under bonded labour if you don\'t provide the justification for 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 council i would recommend him to use the letter without 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 lost letter pad
From India, Bangalore
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 5 years one can file a complaint under bonded labour if you don\'t provide the justification for 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 council i would recommend him to use the letter without 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 lost letter pad
From India, Bangalore
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Dispciplinary Action.doc
CTC_SALARY_SLIP _FORM_(legal)(1 ).xls
DISCIPLINARY ACTION.ppt