Sunnyy prasanna (IT) 30 December 2016

Mass termination

Dear Friends, please read carefully as it a bit lengthy

My friend was a team leader in a software company and he used to take care of the team and interviews(first round). Final round used to be taken up by the company Project manager(who is son of the CEO/owner of company) and then HR round by HR.

Recently the management has terminated my friend (team leader) and also 9 members from his team. The reason for this is they all were hired by my friend by taking money (bribe). Ofcourse after my friend has taken initial round , the final rounds were taken by the Project manager (who is also a member of management) and then HR round

Reason for termination they mentioned is : The candidates who came in to the company have faked their experience and all of them have given bribes. but few of then were genuinely expereinced(even though they have given bribes to my friend after getting offer).

The management has agreed to provide exp and reliving letters to the team members but for my friend, they are not ready to provide the same and he is suffering with financial problems ( his parents is deceased). He tried to request the CEO , Manager etc but in vein.

One doubt i have is, Even if he has taken bribes all the inteview process was as normal and they were selected only after final round. The company has verified their fake experience almost after a year of their service.

One should accept that taking bribe is a mistake but the company has not incurred any losses and 10 members lives are on road currently. This check was happend only due to some internal complaints by some after the bribe thing was leaked may be by some member. (not sure though)

My friend tried to help the persons who are very in need of job and he has hired persons who can work that too.Currently all of them are roaming for jobs.

Even the HR person got terminated abruptly and they said the reason as he did not performed any BG verification for the fake persons. (in that company, from the start of this company there was no BG checks done in the last 8 years or so)

IS there any chance that my friend or the team persons can fight back as they are not ready to give the letters? Pls suggest..

Note: Even though mgmt said they will provide Exp/Reliving letters to team members up to until 2 months beyond as notice period, they are not paying salaries.

Please suggest now what and how can proceed further?

Thanks,

Sandy

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12 Replies

rajeev sharma (Advocate Ex senior manager law ) 30 December 2016

Every empliyer has a right to terminate the person who isnot honest ti\o the company.Your friend and the tea members who took jobon fake certificates may be prodecuted by the comapny and your friend will face aditional charge of taking bribe.Advise your friend to amicably setttle the matter with company.

Kumar Doab (FIN) 30 December 2016

Service Certificate is to be issued to all employees.

This usually does not have say on Conduct.

The establishment is in which state?

Was any memo,SCN issued, domestic inquiry conducted?

Was any admission by the Team Leader signed?

Are they member of any IT/ITes employees unions/trade unions?

Vivek H Bedarker (A) 30 December 2016

In the experience and relieving letter that you need from the company, they would write that 'this person was dismissed for unethical practices and after having worked with us for x months' . If you attempt to sue them then they will file police case against you and the team for bogus certificates and therefore cheating the company. The persons having genuine experience certificate might stand a chance to fight unless they have also confessed for bribing their way in the company.

Vivek H Bedarker (A) 30 December 2016

Submission of fake documents and unfair practice violates the basic fundamental qualifications mandated by your company. For ready reckoning (of mass dismissal for cheating and unethical activities) please refer to mass dismissals of students and revocal of degrees of graduated students of premier management institute - Narsee Monjee institute of Management studies. These students had got admission by cheating and many had even graduated. The institute did not file police case on students(though it did on the gang operating the racket) but removed them and even published in newapapers about revoking degree of some passed out students. These passed out people were on plum posts in companies due to their MBA.

Sudhir Kumar, Advocate (Advocate) 31 December 2016

"One should accept that taking bribe is a mistake but the company has not incurred any losses and 10 members lives are on road currently."

Oh My God. what a logic

Sudhir Kumar, Advocate (Advocate) 31 December 2016

"My friend tried to help the persons who are very in need of job"

SO he took advantage of their situation adn got them inducted with fake credentials?

company has done great mercy by not registering FIR. So better yuor friend (basically it is you) shouldnot compel them to correct mistake.

Sudhir Kumar, Advocate (Advocate) 31 December 2016

Originally posted by : Vivek H Bedarker
	In the experience and relieving letter that you need from the company, they would write that 'this person was dismissed for unethical practices and after having worked with us for x months' . If you attempt to sue them then they will file police case against you and the team for bogus certificates and therefore cheating the company. The persons having genuine experience certificate might stand a chance to fight unless they have also confessed for bribing their way in the company.

Fully agreed. Rather the company should write clearly what unethical practice was found against you.

Basiclly there are laws which comple employer to provide salary, perks, insurance. PF equal wages, weekly off, OTA, etc. There is not law which compels him to issue experience certificate.

Generally companies avoid FIR in such cases unless left with no choice.

cheating is non-bailable offence and before invoking any litigation or union he should ask a lawyer as to how much he will charge for repeated bail applications. He can then guess the cost of total case.

Sudhir Kumar, Advocate (Advocate) 31 December 2016

"Even if he has taken bribes all the inteview process was as normal and they were selected only after final round."

It was your friend as said by you ( basically it is you) because of whom (as you said) these candidates corssed first filter.

your friend ( basically it is you) during first night of police remand will by the sunrise confess as how he was helpful in creation of fake documents and by noon police will catch few more people to whom you will lead the police. One of the cadiates will also be selected (out of volunteers) to be wriness against you all.

Sudhir Kumar, Advocate (Advocate) 31 December 2016

Originally posted by : rajeev sharma
	Every empliyer has a right to terminate the person who isnot honest ti\o the company.Your friend and the tea members who took jobon fake certificates may be prodecuted by the comapny and your friend will face aditional charge of taking bribe.Advise your friend to amicably setttle the matter with company.

On the contrary hee should feel lucky and should forget having ever worked for that company.

Kumar Doab (FIN) 31 December 2016

Everything is verbal as posted by you.

No one, including team members, is likely to get any relieving letter.

You have not replied to any points raised.

Arnab Chatterjee 01 January 2017

I'm no lawyer, but isn't it criminal offense?

When deliberate concealment of facts amounts to criminal offence of moral turpitude (Cheating basically IPC 417 & sometimes even IPC 420) then submitting forged documents (to substantiate the fake experience) and then taking bribe from prospective employees will attract god knows how many sections under IPC.

Anyways, the quesrist requested suggestions from the learned experts of this community and then he himself stopped posting.