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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 what next step we need to take in this regard. 

 

Need an expert suggestion on this please..



Learning

 8 Replies

SANJEEV KUMAR (STUDENT)     30 October 2009

V Priya

You are not concerned. Dowry case is personal to employee. No legal implications.

On safer side you should allow him to attend court whenever he asks for leave to attend court.

You should get reporting of dowy case from him.

In govt deptts only reporting is done to higher authorities regaring pending cases of employee

No cash salary be given. every thing be throgh cheque.

Proper appointment letter be there mentioning complete salary details etc. Since normally Sec. 125 petition is filed after Sec. 498A cases for maintenance of wife

sanjeev

2 Like

Rajanikanth (Corporate Lawyer)     30 October 2009

dowry case is his domestic problem hence it has nothing to do with his job. you can only question his loyality and discipline. As long as he is discharging duties within the frame work of the company he is entitled to do job. only thing you can do is if he is not able to attend the office regularly you can take disciplinary action.

2 Like

(Guest)

Sanjeev - A very good professional reply.

1 Like

(Guest)

But if he not able to attend regularly because of the court proceedings then there would be no justification for disciplinary action especially in this case by attending proceedings he is fulfilling a statutory obligation.

1 Like

vpriya (HR)     30 October 2009

 My question now is that since the person 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? also we dont have any policy stating the action ot be taken agianst an emp involved in a legal issue.. please advice

Gaurav Arora (Advocate)     30 October 2009

No doubt the person is involved in a criminal case....but you can't raise any question about the personal conduct & the character of that very person....every person has a right to defend himself in the apporpriate court of law.....& every person shall be treated innocent till the prosecution proves its case beyond reasonable doubt....so mere drawing any inference is not the solution of your problem.....in absence of any policy....you have to allow him an opportunity to defend himself if he is efficiently discharging his duties & if he is a disciplined man..... 

1 Like

SANJEEV KUMAR (STUDENT)     30 October 2009

V Priya

Adv Gaurav Arora is abolutely right.

Priya

Pls take the employee case in true sense. Filing of criminal case is not big issue. Proving the criminality is big issue. Suppose you fire the person from job and later on it is found that he is innocent then .....................

My advice is pls donot be so concerned with case. It is normal today

sanjeev

1 Like

vpriya (HR)     02 November 2009

 Dear All,

Thanks for your wonderful comments and advice.. 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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