Company involved in illegal work of bribing the doctors in different ways - what can be done?

Dear members,

My company is involved in illegal activities, specifically in bribing doctors through various means. When I tried to oppose this unethical behavior, they retaliated by sending me a transfer letter. I have evidence to support the illegal actions taken by the company.

Please advise on the appropriate course of action to address this situation.

Thank you.

First of all, is transfer a service condition, i.e., is it mentioned in your appointment order or service rules. Then, has the transfer been done as per such rules? The next question that arises is, has the transfer affected your service conditions adversely like your status, pay, benefits, promotion prospects, etc.? And the ultimate question is that of malafides. From your account of events, it appears there is, but the question is difficult to prove in courts of law as the entire onus of proving the malafides is on the person accusing, no mean task indeed.

Let me also caution that the courts are generally reluctant to interfere in transfer matters. Most government sector establishments have a Whistleblower Policy under which an employee can expose the corrupt deeds taking place in his organization, and his identity is kept secret and protected. In the case of the private sector, there is no such policy. Probably you may have to approach the right person(s) directly.

Dear Rsm,

You forgot to mention the type of industry you are working in. Assuming it is a medical production and sales business, I would state that bribing or extending benefits illegally is often termed in a very nice way as "BUSINESS RELATIONS" by companies in this profession. Though when exposed, it is deemed illegal and unethical; however, such practices are commonly prevalent. Why expose it when every second company is doing it to remain competitive? I understand that your conscience may not allow you to ignore this, but it is the harsh reality of our time.

Government departments, politicians, and the entire governance machinery are aware of such malafide practices, and they themselves are to blame. You alone cannot change the scenario, and this happens everywhere. It is better to focus on your key area and work diligently; otherwise, it will be very difficult for you to survive. Whistleblowing is just a formality and is required to show that something is being governed.

Please let me know if you need any further assistance.

Best regards,
[Your Name]

Dear Sir,

Thank you for the reply. However, the fact is the company is now transferring me to another state without giving me any promotion. Moreover, in a similar case earlier, one of my subordinates was also treated the same way. He was transferred to the head office, mentally harassed, and given the task of field survey for the upcoming venture of the company, which turned out to be fake. I have already spent 17 years in this company working hard to establish it in the assigned area, which I do not want to leave. Sir, I have proofs that could pose a threat to the company's operations, and their license could also be at risk of cancellation. Please advise.

Regards,
Manish

You have worked for 17 years without being transferred. Transfer is part and parcel of many jobs, and you really cannot question the company. Are you raising issues of bribes only because you are transferred? Having proof of wrong things done by your company is of no use unless you are ready to come out openly and fight a lonely battle. If you are not happy, look for a different job.

Dear Sir,

I was transferred because I have raised my voice against corruption. Moreover, sir, I myself know that the company can transfer anyone without any questions being asked. Here, I am trying to get some valuable suggestions that can be used to come out of the difficult situation. I need valuable technical advice from the experienced and learned people of the group.

Regards,
Manish

You can definitely be helped by the trade union or association, which can strongly address the victimization of its members with the management. Are you an office bearer or active worker of the union? There is a concept of 'Protected Workman' under the ID Act 1947, and certain immunities are provided to such workmen if you are an office bearer and have been specified as such by your union. Please clarify your position.

If you are not actively associated with any union or association, an individual approach or litigation is not recommended for the reasons stated in the earlier post.

Dear Sir,

I am a Senior Regional Sales Manager by designation, not supported by any association or union. Kindly suggest whether a legal court case can be filed against the company. There is no clause in our appointment letter which states that we will have to bribe the doctors to get our medicines prescribed by them. I have ample proof available to prove their guilt. Moreover, anything against the law of the country is a criminal act, I suppose. Please suggest.

Regards,
Manish

In my experience, litigation against transfer has not yielded the desired results in most cases, although your company could be very badly exposed in the process. The company indulging in bribery or other unfair practices is one thing, but where transfer is a condition of service, establishing that the transfer was actuated by such malpractices is different. Anyhow, you may have to consult with a good labor law practitioner before venturing into litigation in this regard to assess the adequacy of the material you have to challenge the transfer. Do you have an 'Ombudsman' for the pharmaceutical industry?

Dear sir,

I am unfamiliar with the term Ombudsman.