Dear All,
Greetings for the day!!
This question is regarding employment verification & salary payment. If company appointed experienced candidate in company & due to some circumstances the employee verification got late after appointment. (Actually all verification should be done before the joining but not happened as candidate was not able to provide past company documents on time & on good faith he was appointed) After verification it was found that employee had told some false information at the time of interview. On this ground company terminates the employee. In this case does company need to pay full salary to employee as he joined for last 15 days only. What if company provide only 50% salary as there was no as such work done but due to false presentation only, company has to terminate the employment?
From India, Pune
1Greetings for the day!!
This question is regarding employment verification & salary payment. If company appointed experienced candidate in company & due to some circumstances the employee verification got late after appointment. (Actually all verification should be done before the joining but not happened as candidate was not able to provide past company documents on time & on good faith he was appointed) After verification it was found that employee had told some false information at the time of interview. On this ground company terminates the employee. In this case does company need to pay full salary to employee as he joined for last 15 days only. What if company provide only 50% salary as there was no as such work done but due to false presentation only, company has to terminate the employment?
From India, Pune
Dear Varsh
Whether the newly-appointed employee was assigned any job or not; he has to be paid thee salary for the period so engaged.
Termination is a separate issue, and should be dealt accordingly.
Warm regards.
From India, Delhi
Whether the newly-appointed employee was assigned any job or not; he has to be paid thee salary for the period so engaged.
Termination is a separate issue, and should be dealt accordingly.
Warm regards.
From India, Delhi
Dear Sir,
Company has to pay the salary by obligations & it is not denying to pay. The main concern is that there were so many new things invested on that profile as newly startup, after so much time, resources that recruitment was done. Due to termination the plan got delayed & important project got delayed. So this is the loss to company. In such a scenario, can company at-least charge the amount to candidate which can be directly deducted from the salary of the candidate as a action against false information?
From India, Pune
Company has to pay the salary by obligations & it is not denying to pay. The main concern is that there were so many new things invested on that profile as newly startup, after so much time, resources that recruitment was done. Due to termination the plan got delayed & important project got delayed. So this is the loss to company. In such a scenario, can company at-least charge the amount to candidate which can be directly deducted from the salary of the candidate as a action against false information?
From India, Pune
Hi Varsha,
In this case, candidate is asked to leave without salary & documents for his employment.But i would suggest this decision should be taken only after one on one discussions with him, finding out the reason behind it and on this basis of his reason and genuinity things should be taken further. But priority would be only with Management whether to hire him or terminate him.
From India, Kalyan
In this case, candidate is asked to leave without salary & documents for his employment.But i would suggest this decision should be taken only after one on one discussions with him, finding out the reason behind it and on this basis of his reason and genuinity things should be taken further. But priority would be only with Management whether to hire him or terminate him.
From India, Kalyan
Dear Varsha, it is evident that there is delay in verification which made the facts to come up after 15 days or a month.. if the same facts sees the light may be after 6 months then in the mean time r u sure that your so called project would have been successfully completed by this non competent gentleman!!!! i am not sure... as correctly advised by our senior friends earlier first try to understand where the company went wrong and understand where candidates can be wrong... now paying the employee is your obligation whether to deduct or not there is no law for this. But at the same time you cannot rule out the possibility that the person may not go to a labour court or get under any legal support.. at that time your deduction will be viewed as a serious offence done by the company and as such the mistake or false claim done by the candidate will be overlooked. Just look at it from this angle also.. Regards
J S R
From India, Hyderabad
J S R
From India, Hyderabad
I completely agree to the statement of Sree Ram. First company should find out what went wrong. company shall not punish person two times for one offence. if at 5he time of interview, the gentleman gave false information, he should be terminated as he has served the company for 15 days, but company should pay the salary for the days he had worked there.
From India, Mumbai
From India, Mumbai
Dear Varsh,
Without going into much controversies, please be sure that the employee has to be paid full wages for the period he was on the Roll of Company. I met with a similar case in my career. The employee concerned has given wrong caste certificate and get benefit under that Category. After about 12 years a complaint was received. The certificate was get verified provisionally and it was found that the complaint had some material. The employee concerned was placed under suspension. The departmental inquiry continued for about 4 years, the employee continued under suspension (this is not the case with your employee) and after completion of inquiry, the employee is about to be terminated. But he is being paid subsistence allowance as per Standing Order provisions, though the charges have been proved but termination order is yet to be issued.
So Dear Sir, please rest assured that the employee who is on roll and is marking his presence is entitled to salary/wages for the period. Proving of charge of submission of false certificate and termination are separate issues and should be dealt accordingly.
Best wishes.
AK Jain
HR Personnel
NCL, CIL.
From India, Jabalpur
Without going into much controversies, please be sure that the employee has to be paid full wages for the period he was on the Roll of Company. I met with a similar case in my career. The employee concerned has given wrong caste certificate and get benefit under that Category. After about 12 years a complaint was received. The certificate was get verified provisionally and it was found that the complaint had some material. The employee concerned was placed under suspension. The departmental inquiry continued for about 4 years, the employee continued under suspension (this is not the case with your employee) and after completion of inquiry, the employee is about to be terminated. But he is being paid subsistence allowance as per Standing Order provisions, though the charges have been proved but termination order is yet to be issued.
So Dear Sir, please rest assured that the employee who is on roll and is marking his presence is entitled to salary/wages for the period. Proving of charge of submission of false certificate and termination are separate issues and should be dealt accordingly.
Best wishes.
AK Jain
HR Personnel
NCL, CIL.
From India, Jabalpur
Dear AK Jain
I appreciate your answer, alongwith the case cited.
Also, I would like to reiterate again that payment of salary for the period the employee was engaged; and submission of false certificate are two different issues; and should be dealt accordingly.
There are several cases, where such matters were detected after years !! It does not mean nor entitles the company to recover all the salaries paid !!!
Warm regards.
From India, Delhi
I appreciate your answer, alongwith the case cited.
Also, I would like to reiterate again that payment of salary for the period the employee was engaged; and submission of false certificate are two different issues; and should be dealt accordingly.
There are several cases, where such matters were detected after years !! It does not mean nor entitles the company to recover all the salaries paid !!!
Warm regards.
From India, Delhi
As I so often say, perhaps to the point of being a bore on the subject, you must have a robust employment and selection process in place to avoid problems such as this.
If your company is to be successful, it will rely on getting the right people for the job.
It is time to review all of your processes, retrain your staff to follow those processes, and then you will be better placed to ensure this does not happen again.
From Australia, Melbourne
If your company is to be successful, it will rely on getting the right people for the job.
It is time to review all of your processes, retrain your staff to follow those processes, and then you will be better placed to ensure this does not happen again.
From Australia, Melbourne
Find answers from people who have previously dealt with business and work issues similar to yours - Please Register and Log In to CiteHR and post your query.
Employee Appraisal Form new.doc