Question about corporate law

Hi,

Unless the person is convicted for these charges, he can continue with the job.

And the company might have so many reasons to terminate him and the allegations can also be one of the reasons to it.. But we will have to see the details of the case .

Adv. Yogen Kakade

Jurycon Incorporation

Advocates & Consultants
Email: juryconincorporation@gmail.com
Web: www.juryconn.in     

If the employee is convicted in the criminal case, he can be terminated from the employment.  Even though he is acquitted in the crimnal case, still the company can conduct departmental enquiry and based on the enquiry report, the employee can be terminated.  The reason is that in the criminal case evidence beyong reasonable doubt is essentially required whereas in the departmental proceedings preponderance of probability is sufficient.  Secondly crimnal case and departmental proceedings can be simultaneously conducted.  In case the charges are proved in the departmental proceedings, the employee can be terminated.

Before conviction the company shall not take a decision to terminate the employee, it has no justified reason to do so. 

Employment in private companies are purely based on contract/agreement executed between the employee and employer and the terms and conditions can be followed, if there is any terms and condition mentioned in the appointment letter then the company have right to terminate the employee otherwise not.