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vpriya (HR)     30 October 2009

Legal implications

We are a pvt ltd company and one of our employees went on unauthorized leave for three days and later called us to inform that he was put in jail those days as a case has been filed on him for dowry issues with in-laws.  he still has not reported back to work.

We are now concerned as to what legal implications this can have on us as a company and as to hwat next step we need ot take in this regard. 

Need an expert suggestion on this please..



Learning

 9 Replies

Rajanikanth (Corporate Lawyer)     30 October 2009

first you have to check whether is he workmen.

second send a show cause notice asking why disciplinary action cannot be taken against him? 

 

 

1 Like

A V Vishal (Advocate)     30 October 2009

Priya,

Clarify about what legal implications you feel might follow, since it is a case involving dowry issue of the employee with his in-laws. Since you have information about his reasons for non attendance and the company has specific clause to remove employees having criminal cases registered and arrested, in my opinion, a show cause notice will not suffice your case or justify the company's action. contact a good local lawyer in your city.

1 Like

vpriya (HR)     30 October 2009

 Though we are not very clear on what might follow, we care concerned because an employee is involved in a criminal case and is that alright?.. might it not be a disciplinary issue with regards to his personal conduct as this doesn't show him in good light. 

vpriya (HR)     30 October 2009

 and to add to it, we dont have any stated policy reg emp involved in any legal case/ issue. 


(Guest)

The issue involved is wholly unconnected with the employment and has no causal connection with his employment and therefore there is no justification for initiating disciplinary proceedings merely because of criminal proceedings against the employee.  However if the criminal proceedings is connected with the employment and has causal connection with the employment then there would be justification for initating disciplinary proceedings. However if he is convicted then there would be justification for removing him from service. At the moment if you are not at all concerned and fairness demands that you should allow him to do his work. If you are intiating disciplinary proceedings against him at the moment then it would only amount to your taking advantage of his misfortune. Even Government employees or private sector employees are not removed from service merely because criminal proceedings are initiated and pending against them. According to me you should wait for the outcome of the criminal trail.

1 Like

Prakash Yedhula (Lawyer)     30 October 2009

Though the issue is wholly unconnected with the employment, still disciplinary proceedings can be initiated on the ground of misconduct, which is commonly known in legal parlance as "moral turpitude". But it would have been better if there is clearcut guidelines/policy regulating the employment formulated by the management.  

1 Like

Theja (Lawyer)     30 October 2009

Normally the Company's employment policy may have clauses under which an employee may be terminated for cause which may include misconduct. But, imprisonment for personal issues may not be considered as miconduct. It depends. However, HR policies include provision to terminate the services of an employee if he goes on leave without any intimation for a period of time (which shall be mentioned in your policies) and if he is not heard during that period, then he can terminated. Please verify if you have provision like tht.

1 Like

Theja (Lawyer)     30 October 2009

Actually you cn terminate the services of an employee only for proved misconduct. So, if he is still an accused and not a convicted he can not be terminated.

2 Like

vpriya (HR)     02 November 2009

 Dear All,

Thanks for your wonderful comments and opinion. based on all your views, we decided to put a policy in writing and circulate it to people and as for this case, we are not taking any particular action against him and also the employee himself have reported back to work now. 

Best Regards..


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