Can an employee charged with sec 498 work in a private company

501 votes

Every company policy and specifically an employment agreement specifically takes a representation from the employee admitting that he has no legal case/action in which he/she is involved in present or in the past and abstains from appointing such a person. The sole reason behind this step is the reputation and goodwill of the company.

Advocate Kamakshi Shrivastava LawRato

550 votes

In case your private company asks you whether you have been involved in any criminal case then please do not hide that you are charged for offences under the IPC. However, in case they do not ask you to disclose any criminal antecedents then please do not tell your employer.

Advocate Manisha Ambwani LawRato

891 votes

Hi,
All employers, whether belonging to the public sector or the private, perform background checks to verify the antecedents of their applicants.The effect of a criminal case on employment varies according to the kind of offence and job. Most employers have their own policies regarding employment of people with criminal records. However, jobs of a sensitive nature may refuse employment to a person convicted of an offence of moral turpitude.

Feel free to consult me for any clarification or advice.

Advocate Shivee Pandey LawRato

639 votes

There is no such section which prescribes who can work and who cannot in any particular company or in any specific type of company. One's employment is govern by the way of employment norms precribed as employment rules of the company and the employment contract signed in between the employer and the employee.
You are suggested to look at both these documents if there is anything mentioned that one shall be ousted from his/her job because of any criminal case pending against him then you are bound to lose your job. But if there aren't any then you can challenge your ouster and can still be in your job by coming before the court to seek relief.

Advocate Pulkit Prakash LawRato