One of our company's client was involved in public fraud. Since our company developed there software we had to provide the support. Two developers, including me, provided data extraction as per request by the investigating officer. They our company gave our name as a witness and now when we are releaving the company where they are asking us to sign an affidavit where it is mentioned that we were involved in that case and we will be available physically whenever required. Does the company has the rights to ask to sign this? And do we have to sign this affidavit and available as per there requirement? Is this not supposed to be company's responsibility.
You should not send that affidavit at all as as the name implies after getting relieved, you are relieved of all your responsibilities with the company and are bound buy any contractual obligations after that.
If you sign it, they may force you to work without getting paid for the same.
You can file a complaint with the assistant labour commissioner if your employer force you to sign such affidavit
your names have been mentioned as witnesses as you were developer of the software
2) you must cooperate with investigations
3) no harm in giving affidavit
4) in any case even if you don’t give any affidavit police can summon you for purpose of investigations
They can't compel you to come but the court can issue you summons if needed as a witness it future
1. You are not bound to give them any undertaking as the company can not force you to be available for the investigation.
2. It is the job of the Police and if you had helped the police once , it can ask you to help them in investigation again which you are again not bound to make.
3. However if your name appears in the charge sheet then you will be bound to appear in court as witness to give your testimony which is unavoidable and in default the court can issue warrant of arrest.
See even you don't sign the affidavit your name is there as witness and IO and PP through court may call you to record your examination in chief and cross examination as witness.
Though you are not required to sign such affidavit but you can be asked to remain present to support ongoing investigation and case.
1) It won't make much difference that signing any documents towards attending any case law and to attend or not to attend its totally in your hands.
Thanks everyone for your answers! One followup Question. I was not assigned to this project direclty, my juniors were working on this project, other developer and project manager also left the company before this case had started. They have not taking any affidavit or asking for anything from the other developers or the project manager. We provided the help as an employee only. Do the company has the rights or is it correct that comoany can give the employee names as witness when they are not giving the project manager name and other developers name for project. As per the Investigating officer, we need to give our statement in court that the provided data is correct because the company has given our name for witness. Shouldn't this be company's responsibility to give such statement in the court. As the company can extract the data by using any developer if they as the proper documentation of the project which we had already shared with our compnay.
You can refuse to give affidavit of project manager and other developer of software were not called upon to do so
2) however you woukd have to attend court and give evidence as you have been mentioned as one of the witnesses in the court case
See company can give the name of related employees to help the investigation. See company needs to be represented by someone and further now since name is there you need to be present as witness when you are called for same you cannot deny and no action can be taken against company for giving name.
If there is any court case involved with the company with respect to a project you were directly involved in, you can be called in court to get your statement recorded which is your legal duty. If you do not appear before the court, warrant would be issued in your name.
Yes, this is correct and we have to report incase the court summons us for the same. In this case, arr we eligible for compensation from the company as it will be affecting my personal life, my current company and my image in my current company. If yes, that are comoensation we can ask from the company legally.
You will be paid diet money which would be your expenses for coming to court to get your statement recorded in the court itself.
You will get travel fare from court for giving evidence. Further as far compensation is considered for that you have to show damages by filing a suit.
You have to show how being a witness has effected your reputation
company would not give you compensation for cooperating in ongoing police investigations and for appearing in court as witness
The company cannot force you to sign such an affidavit.
Actually when you have left the company, it has no control over you and if it does anything that way then it would be illegal and violating your rights.
You can think about not to sign any such agreement or afidavit.
For your information such affidavits are not legally valid and they cannot be enforced in law.
Since you have helped data extraction as per instructions of investigating officer, you might have been mentioned as witness to the case.
The company can certify the data by its chief expert on that subject and can rope him as a witness if you are not willing to be a witness to depose evidence in court at a later date.
In any case the company cannot force you to be a witness to the ongoing case eventhough you have been responsible for data extraction which is an evidence against the fraudulent activity which is under trial before court.
This will not affect your future company's job, in any case if the previous company wants you to be present as witness then it has to bear your expenses for attending the court including your accommodation and conveyance expenses.
1.You are otherwise also bound to submit before the law enforcing or inmvestigating authorities if needed for which no such affidavit is required to be taken by the Company.
2. It is not even the responsibility of the said Company to produce its earlier empl;oyees during investigation.
1. If you are called for submitting evidenc before the Court, you should depose independently and truthfully.
2. The enquiry officer should collect statement from you which will be filed before the Court.
1. You are liable to submit your evidence in a criminal case in case you are found to be involved or have knowledge aboutb the said crime.
2. In case you are summoned and refuse to appear before the Courrt, arrest warrant can be issued againstb you.
3. No compensation can be claimed from the Company for refering your name as witness of the incidence/crime.