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Key takeaways

  • Anyone who is the subject of a civil or criminal prosecution faces a disadvantage in the recruiting process.
  • Anyone facing or convicted of a criminal offence cannot be eligible for a government position.
  • The impact of a criminal case on private jobs differs depending on the type of offence and the type of work.
  • A civil case usually cannot be used to justify dismissal from the public sector unless it involves moral turpitude.
  • A civil case usually has little impact on private-sector jobs, but it can result in financial hardship and have an impact on a person's credit score.
  • Background check of an employee before his selection for the job

Introduction

When a person is accused of committing a crime, they will be arrested and criminal charges are brought against them in a court of law. The criminal charge does not result in a conviction unless the defendant is found guilty by a Judge's decision.

Certain measures are taken in terms of past or pending proceedings in a court of law while finding jobs, whether in a private corporation or the public sector.

Background checks are conducted by all employers, whether public or private, to verify the antecedents of their applicants.


Effect on Employment

1. Government Job/ Public Sector

  • The Supreme Court ruled in the case of State Of West Bengal & Ors. Vs. Nazrul Islam that anyone facing or convicted of a criminal offence cannot be eligible for a government position.
  • The petitioner was chosen for constable recruitment in this case, and during verification, recruiters were informed of the case where a charge sheet had already been filed in the Court of Additional Chief Judicial Magistrate, Uluberia, West Bengal.
  • Furthermore, the petitioner pled guilty and was released on bail. Dissatisfied with the Administrative Tribunal's ruling, an appeal was filed in the Calcutta High Court, which ruled that the appointment could not be terminated and that the final result would be determined by the outcome of the case.
  • The Supreme Court recently ruled that no one should be refused a government job because of a minor conviction or accusation. This is significant in light of the court's strict prohibition on the selection of those who are awaiting charges as adults and have not been acquitted at the time of appointment to government employment.
  • An individual must either have no charges pending against them or have been acquitted of these charges by the Court to be deemed worthy. This acquittal, however, cannot be the result of a settlement between the accused and the victim, or that the witnesses in the case have become aggressive.
  • If an individual has been acquitted of all charges by the judge, he may be eligible for the role. To summarize, the claimant should not be facing any criminal charges. The court also stated that acquittal of criminal charges should be based on the merits, rather than a compromise between the petitioner and respondent or hostile witnesses.
  • Furthermore, any person who has spent more than 48 hours in police custody is prohibited from working for the government, according to government regulations
  • Even if no time was spent in police custody, the individual is discharged if the charges are for a dowry/death case.
  • Despite the provision of double jeopardy, if this fact is kept a secret from superiors, the individual will face separate disciplinary proceedings for it. The mere filing of an FIR has no bearing on work prospects. The case must have begun in court or the individual must have been convicted of the crime to have any impact.
  • The complainant in Avtar Singh v. Union of India and others was involved in a criminal case, as a result of which his appointment in the CRPF was cancelled and his service was terminated. The Supreme Court ruled that an employer can retaliate against a worker who provides false or misleading information.
  • The court issued guidelines for this, which state that all information about charges (conviction, detention, or acquittal) must be given to the employer accurately and that no fact should be withheld or falsely portrayed. Even if the employee has disclosed all pending fines, the employer is not obligated to hire them. The employer has the right to terminate the appointment if there are several criminal proceedings and the charges are intentionally suppressed. The employer has the option of dismissing the employee or making whatever decision it sees fit.
  • A government employee may only be fired for excessive absenteeism or proven misconduct, according to the Indian Constitution.
  • In general, a civil argument cannot be used to justify dismissal from the public sector unless it involves moral turpitude.


2. Private Jobs

  • The impact of a criminal case on jobs differs depending on the type of offence and the type of work. The majority of employers have their own policies in place when it comes to hiring individuals with criminal records. However, sensitive jobs can refuse to hire someone who has been convicted of a moral turpitude offence.
  • A civil case usually has little impact on private-sector jobs, but it can result in financial hardship and have an impact on a person's credit score.
  • The mere filing of an FIR would have no negative impact on jobs. For any negative impact on their work, proceedings must have been initiated in court or the individual must be convicted of the offence.
  • The best choice in the case of a licensed FIR is to file a motion to quash it in court under Section 482 of the Code of Criminal Procedure.
  • The Passports Act of 1967, Section 6(2), allows the passport authority to deny a foreign visa to any applicant if: They have been accused of a legal turpitude offence and sentenced to more than two years in jail in the previous five years. In India, criminal charges have been filed against them. They have been served with a summons to court, an arrest warrant, or an order barring them from leaving India.
  • In the private sector, there are a variety of reasons for dismissal.

a. Inefficiency or bad results
b. Revealing the company's proprietary details, such as trade secrets
c. Breach of contract of employment
d. Employee wrongdoing that has been proven, or behaving outside of his or her authority
e. Absenteeism is unnecessarily large.

The background check in India for Job Employment

A comprehensive screening of a candidate's professional and academic credentials, job history, legal and criminal records, address, and credit scores is done before the employment and it is known as an Employee Background Verification. This procedure will take anywhere from three to ten days.

Private Sector - They employ outside companies to perform background checks and verify the applicants' information. Internally, through their Human Resource departments, they perform employee background checks.

Government Sector - Potential workers in the government sector are normally subjected to a thorough background check. They first ask for evidence of residency in a place where the applicant has stayed for at least 6 months in the previous four years, as well as proof of existing and permanent addresses. On the basis of the information given on the residence, they also request the applicant's record from District Magistrates or Police Commissioners in the city. The police stations are then ordered to conduct an investigation.

The government has launched a number of measures to assist employees in performing background checks.
● Aadhar verification – Companies may gain access to Aadhar data, which includes addresses, bank accounts, and biometrics, among other things.
● The government created the National Academics Depository (NAD) to digitally store educational records and to grant trustworthy certificates to confirmed users. This forum would be used to bring all educational boards and institutions together.
● The government-created National Skills Registry (NSR) is the world's largest database of working professionals. There are currently over 200 companies on the list.

Conclusion

The work application process is getting more complex by the day. Employers have become much more selective in selecting workers from a wide pool of candidates, performing background checks to ensure that they hire the "best" individuals, and maintaining the "culture" of their workplaces. As a result, anyone who is the subject of a civil or criminal prosecution faces a disadvantage in the recruiting process. A criminal complaint levelled against anyone applying for or working for the government may be damaging. If the employer is aware of any criminal prosecution, a candidate's candidacy can be revoked and a person's employment can be suspended. It is the employer's responsibility to conduct and validate a background check. However, it is the candidate's duty to tell the facts.


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