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
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
Dear Alok
The standing order as mentioned hereinabove can be challenged in Honb'le 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's.
I remember in one case of similar nature where the judgment was passed in favour of the employees wherein the court said "it is the sole responsibility of the Recruitment Team to Appoint any person in any orgnisation after verifying all the academics and credentials,character antecendence,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
The standing order as mentioned hereinabove can be challenged in Honb'le 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's.
I remember in one case of similar nature where the judgment was passed in favour of the employees wherein the court said "it is the sole responsibility of the Recruitment Team to Appoint any person in any orgnisation after verifying all the academics and credentials,character antecendence,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
Dear Sir,
I have talk to person he told me that, he has not received salary for last 3 month from his previous employer due to bad finical crisis of the company.
When he submitted his resignation to the company they were not giving him acceptance, relieving and experience certificate. So, He prepared his experience certificate.
Kindly suggest me what to do in this matter ?
however my corporate Head HR is not agree in this situation he want terminate him.
Regards
Alok
From India, Nasik
I have talk to person he told me that, he has not received salary for last 3 month from his previous employer due to bad finical crisis of the company.
When he submitted his resignation to the company they were not giving him acceptance, relieving and experience certificate. So, He prepared his experience certificate.
Kindly suggest me what to do in this matter ?
however my corporate Head HR is not agree in this situation he want terminate him.
Regards
Alok
From India, Nasik
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 enquiry 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 done is a serious misconduct. Above all, your standing orders say that 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 enquiry and after giving the accused all opportunities of defending his charges, no court will say that the employee should be reinstated because once the employer loses confidence about an employee, the former has right to terminate the contract of employment.
However, two months salary pending shall be paid without fail.
Regards,
Madhu.T.K
From India, Kannur
However, two months salary pending shall be paid without fail.
Regards,
Madhu.T.K
From India, Kannur
hey alok , why don’t you simply get the emplyee verification done through indiaverified(dot)com
From India, Mumbai
From India, Mumbai
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
From India, Nasik
There is one fundamental question facing the organization here.
DO YOU TOLERATE FALSIFICATION AND CHEATING?
If your organization cares, it should immediately terminate this person who falsified records. This is also because others employees will feel hurt & demoralized.
Or if you dont mind all (As an organization) you should pay him his salary with all honours. other employees also will try and do the similar acts and you will have to live with it.
Now that you have given him work and not given salary, you may ask him to leave after paying him his dues. (you have lost opportunity to penalize him)
Organization should not take undue advantage of an employee even when he/she has done a wrong act. Organizations should neither do wrongful act nor should they tolerate.
From India
DO YOU TOLERATE FALSIFICATION AND CHEATING?
If your organization cares, it should immediately terminate this person who falsified records. This is also because others employees will feel hurt & demoralized.
Or if you dont mind all (As an organization) you should pay him his salary with all honours. other employees also will try and do the similar acts and you will have to live with it.
Now that you have given him work and not given salary, you may ask him to leave after paying him his dues. (you have lost opportunity to penalize him)
Organization should not take undue advantage of an employee even when he/she has done a wrong act. Organizations should neither do wrongful act nor should they tolerate.
From India
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
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
Dear Alok,
Hope that you "ll be in good health. Fake certificate is not a good sign but here first of all check that what the LAW describes this situation. If law hasn't any thing about this then check if your company has any code of conduct about the fake certificate.
BUT REMEMBER!
Employee is the main asset of the company and an Efficient employee is more that an asset. So keep in mind if that supervisor is doing well more than his responsibilities then there's no need to punish him. Just warn him professionally so that others couldn't be demoralize. Its the best solution. However keep him under the eyes because INTEGRITY is the most important in the company/organisation.
Hope that you understand it.
Regards,
Ghulam Mustafa
+966 566 457419
From Saudi Arabia, Riyadh
Hope that you "ll be in good health. Fake certificate is not a good sign but here first of all check that what the LAW describes this situation. If law hasn't any thing about this then check if your company has any code of conduct about the fake certificate.
BUT REMEMBER!
Employee is the main asset of the company and an Efficient employee is more that an asset. So keep in mind if that supervisor is doing well more than his responsibilities then there's no need to punish him. Just warn him professionally so that others couldn't be demoralize. Its the best solution. However keep him under the eyes because INTEGRITY is the most important in the company/organisation.
Hope that you understand it.
Regards,
Ghulam Mustafa
+966 566 457419
From Saudi Arabia, Riyadh
Dear Alok,
The matter first needs investigation. After it if you find that the certificate was fake than after suspending him follow proper legal procedure i.e. show cause notice, charge sheet followed by domestic enquiry. Ensure that enquiry is free and fair and not with pre-disposition. If found guilty dismiss him. Pl. do not make any compromise, by keeping him in service. Right attitude holds more value towards organisational development than anything else.
With regard to payment you have two options, firstly, you may book him under IPC for cheating as defined u/s 415 and forgery u/s 463 and punishment thereof u/s 417 & 465 of IPC Respectively. In this case the whole of the salary withheld will also become a subject matter of decision of litigation u/s 15 of The Payment Of Wages Act(delay in payment of wages) and the final payment will depend upon the out come of the decision of the authority appointed u/s 15(I). However, this will be too extreme and as a manager it will be stretching too far. 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.
Regards,
DS
From India, Kanpur
The matter first needs investigation. After it if you find that the certificate was fake than after suspending him follow proper legal procedure i.e. show cause notice, charge sheet followed by domestic enquiry. Ensure that enquiry is free and fair and not with pre-disposition. If found guilty dismiss him. Pl. do not make any compromise, by keeping him in service. Right attitude holds more value towards organisational development than anything else.
With regard to payment you have two options, firstly, you may book him under IPC for cheating as defined u/s 415 and forgery u/s 463 and punishment thereof u/s 417 & 465 of IPC Respectively. In this case the whole of the salary withheld will also become a subject matter of decision of litigation u/s 15 of The Payment Of Wages Act(delay in payment of wages) and the final payment will depend upon the out come of the decision of the authority appointed u/s 15(I). However, this will be too extreme and as a manager it will be stretching too far. 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.
Regards,
DS
From India, Kanpur
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