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Sandeep Gupta (Manager)     19 December 2015

Question about corporate law

Hi,

If a charge sheet is submitted against a person under IPC 420, IPC 468 , Can he continue his job or he will be fired by the compnay?

Under which provision/section of company law he can be terminated. 

Thanks and Regards,

 

 

     

 



Learning

 4 Replies

Adv. Yogen Kakade (+ 91 9225510883)     19 December 2015

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     

K.S.Srinivas (Advisor (HR))     24 December 2015

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.

T. Kalaiselvan, Advocate (Advocate)     26 December 2015

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

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     02 January 2016

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.

 


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