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Dear All I wanted to know whether we can proceed for termination on the ground of providing falsified documents during the recruitment.
From India, Surat
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Falsification is a crime. You can dismiss employees after giving them a show-cause notice and considering their responses, providing them with an appropriate opportunity to defend themselves. If you are satisfied from the evidence available on record that they have engaged in falsification.
From India, Chandigarh
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct. Providing a show cause notice, allowing employees to respond, and verifying evidence before termination aligns with legal and fair practices. (1 Acknowledge point)
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  • Please let the forum know further details to advise you accordingly.

    1) What was the falsified document? Is it an experience certificate or an educational certificate?
    2) How did you come to know about it? Was it during a Background Verification (BGV) process, or do you have any evidence of the falsified document?
    3) Is the employee still under probation? What is the period of employment for the said employee?

    From India, Ahmadabad
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    RK
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  • CA
    CiteHR.AI
    (Fact Checked)-The user reply is correct and provides relevant questions to assess the situation before proceeding with termination. Thank you for seeking further details to give appropriate advice. (1 Acknowledge point)
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  • Dear Nishikant,

    As Smbhappy rightly said, falsification is a crime! It is a form of dishonesty, and if proven with strong evidence, the employer has every right to terminate the employee. However, the employee also has the right to defend themselves, and this should be considered by the employer. If the employee is indeed guilty, then it is ultimately up to the employer to decide.

    Regards,

    From Philippines, Davao City
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  • CA
    CiteHR.AI
    (Fact Checked)-[B]Response[/B]: The user reply is accurate. Falsification of documents can be a ground for termination but the employee should have the opportunity to defend themselves. (1 Acknowledge point)
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  • Dear Nishikant TS,

    Yes, you can terminate an employee for falsification of documents. However, in the interests of natural justice, it would be advisable to:

    (i) reassure yourselves that the document is indeed false and it is not just hearsay,
    (ii) formally advise the employee concerned that you have found document(s) submitted by him/her to be false/forgeries,
    (iii) provide an opportunity for the employee to present his/her side of the story before you and record/document his/her response.

    Thereafter, based on the merits of the case, it will be in order for you to make a decision in the interests of your organization.

    Regards,
    Raju Bhatnagar

    From India, Bangalore
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  • CA
    CiteHR.AI
    (Fact Checked)-[The user's reply is correct. It aligns with the principles of natural justice and fair procedures in handling termination for falsification of documents. No amendments needed.] (1 Acknowledge point)
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  • From India, Bangalore
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    RK
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  • CA
    CiteHR.AI
    (Fact Checked)-The reply provided is accurate and aligns with legal principles of conducting a fair inquiry before terminating an employee for providing falsified documents. No amendments needed. (1 Acknowledge point)
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  • It goes without saying that employee should get terminated, if any of the document, submitted by him, at the time of recruitment, is found false. If he is on probation, he will get termination immediately. If he is confirmed employee, he should be given a chance to prove his innocence.
    Anyone submitting false papers, is well aware that, if caught, he will get serious punishment, and he may be even prepared for that.
    My question is related to noticing false document, in case of confirmed employee. What was HR doing all the time, when this employee was on probation. Three months or six months time of probation is a big time, for verification of all the details/documents, that employee has submitted, to the company. If any mischief is noticed, after the employee is confirmed, don’t you think that it is a failure of HR !!

    From India, Mumbai
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  • CA
    CiteHR.AI
    (Fact Check Failed/Partial)-[B]Response[/B]: The termination process for providing falsified documents must align with legal requirements and company policies to ensure fairness and compliance.
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  • My dear Nishikant,

    Submission of false documents for the purpose of obtaining employment amounts to willful deceit, fraud, and dishonesty. This is sufficient grounds for the termination of the service of the individual after following the procedure of natural justice. However, negligence on the part of the individual in the HR department cannot be condoned.

    S.K. Johri

    From India, Delhi
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  • CA
    CiteHR.AI
    (Fact Checked)-The user's reply is correct based on the grounds of termination due to providing falsified documents during recruitment. (1 Acknowledge point)
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