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smitatando
5

Hi,
A resource in one of the top IT companies
1.Was married when he joined the company--but did not disclose it- stated he was single
2.Subsequently he got divorced after 2 years.
3.He got married again -did not disclose or update his company records
4.Got divorced again within 2 years.
Now , the important thing is when someone tries to do his background check -he appears single .The second time he got married was also under the guise of being single.
Does this become an integrity issue with a company if such personal information is not provided .?
Will be thankful if you could share your thoughts on this
Regards

From India, Pune
Cite Contribution
1859

Greetings,
Hiding information is unethical. However , marital information is personal. There can be too many reason why he was forced to do so.
A legal way of confirming might be, if he ever declared anyone as his nominee in PF or Mediclaim.
Please confirm the reason first before axing the employee.
I have hired many who were undergoing divorce. And it took them upto 2 years to clear every document. Paper work takes time, hence as an HR I allowed them to declare themselves single and nominate their parents or children if any.
Hope that helps!

From India, Mumbai
nathrao
3131

The act shows serious lack of integrity. One must consider whether to retain such employees.
From India, Pune
Dinesh Divekar
7879

Dear Smita,

Why do we hire employees? We hire employees to so that they meet the job requirements, satisfy the customers, deliver desired level of performance etc. While taking person on board, disclosure of certain personal information is necessary. However, non-disclosure of information related to wedding or divorce cannot be construed as "misconduct". Going further, to impinge non-disclosure of this information on one's integrity is logical overreach.

Disclosure of information about near and dear ones matter in case of accident or any other emergency. However, if that person has given details some other family member, that should suffice your purpose. Secondly, while filling PF or any other form, it is not mandatory to make one's spouse as nominee. However, while submitting PF forms to the PF office it is important to keep proper records of what is submitted.

Therefore, my request is not to delve into employee's personal life or pry for number of weddings or divorces in one's life. Yours is professional relationship with the employee and not personal one.

Precaution: - As a precaution, you may issue circular to all the employees to provide real time time information about their personal life. This information is important as in case of death of employee, there are cases of conflict on account of claim by spouse and some other family member. When there are two or more than two claimants, settlement of claim becomes difficult and it gets delayed also. Occasionally such cases go to court also.

For Mr Nathrao: - Rules for government employees and rules for private employees are different. When government employee gets married, spouse becomes eligible for the terminal benefits automatically. However, in private sector, whom to nominate for PF or for any other benefits is employee's personal call. In government services, it is mandatory to provide real time information related to wedding or divorce. However, no labour law says to do so in case of private employees. Above all considering non-disclosure of information about marriage as "serious lack of integrity" is stretching beyond reason.

Thanks,

Dinesh Divekar


From India, Bangalore
nathrao
3131

""When government employee gets married, spouse becomes eligible for the terminal benefits automatically. ""
I know of cases where people have not changed nomination after marriage and died with money/benefits then going to the mother or father of employee.
It is individuals wish not to nominate his wife for PF but hiding fact of marriage in bio data form of the company is different kettle of fish.
https://www.citehr.com/379067-pf-dea...omination.html

From India, Pune
nashbramhall
1624

Hello Smita,
As our experts have aired their views, let me ask a question? What do you do and why have you raised this question. As a retired academic, it appears to me that this is a question posed on a management course and you are seeking help to answer that.

From United Kingdom
smitatando
5

Thanks a lot for your thoughts .

1.(Cite Contribution)1969--I totally agree with you that a person may have reasons not to disclose .

2.Dinesh Divekar--You are right that employees are hired for their work and personal life should not be looked into

3.Nathrao-Yes , It is the individuals choice who they want to nominate for different benefits and claims.

In the case I have brought forward--Two things are clear

1.The employee DELIBERATELY does not update the marital status.

2.When asked directly in the system whether single/married/ divorced...has chosen to give his answer as 'single'

Agreed that his work matters , but he should correctly keep the chain of his personal life as per the sequence of events happening.(It just keeps the history clear )

Personally , I feel it is a breach in integrity as the answer given is wrong, however it does not warrant throwing out the employee.

Yet , it does show that he is capable of misleading and hiding facts.Therefore his work ethics do come under the scanner.

Thanks

From India, Pune
VINEETAJ
12

Hi! Smita,
As Mr.Simhan posted this question, is it a case study which you want the members to solve?
Also, in some of the western countries, asking about your marital status is also considered as rude...
regards
Vineeta

From India, Mumbai
Dinesh Divekar
7879

Dear Smita,

In your second post, you have written that "When asked directly in the system whether single/married/ divorced...has chosen to give his answer as 'single'". On this I would like to ask one simple question. Why you would like to know marital status of the employee? If at all if you wish to know why have you not given right to the employee to withhold the information? By making disclosures mandatory, are you not breaching privacy of the employee?

This information pertains to employee's personal life therefore it is secondary information. How can you link disclosure of secondary information to the "integrity" of the employee?

Supreme court has told Central Government not to make Aadhar card mandatory because it breaches privacy of the individual. This is because ours is democratic country and democracy demands respecting privacy of each citizen. Secondly, it was reported that in the newspapers that our current Prime Minister while filling form to contest assembly election in the past had different kettle of fish[/i] as said by Mr Nathrao.

Thanks,

Dinesh Divekar

From India, Bangalore
Dinesh Divekar
7879

Dear Smita,
In your second post, you have written that "When asked directly in the system whether single/married/ divorced...has chosen to give his answer as 'single'". On this I would like to ask one simple question. Why you would like to know marital status of the employee? If at all if you wish to know why have you not given right to the employee to withhold the information? By making disclosures mandatory, are you not breaching privacy of the employee?
This information pertains to employee's personal life therefore it is secondary information. How can you link disclosure of secondary information to the "integrity" of the employee?
Thanks,
Dinesh Divekar

From India, Bangalore
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