Hi all,
One of our employees has committed a gross breach of trust, and before we could terminate him, he has resigned. Is there any rule stating that we cannot terminate someone after they have resigned?
I kindly request your assistance with this matter as I need to make a decision today.
Regards,
Arpita
From India, Bangalore
1One of our employees has committed a gross breach of trust, and before we could terminate him, he has resigned. Is there any rule stating that we cannot terminate someone after they have resigned?
I kindly request your assistance with this matter as I need to make a decision today.
Regards,
Arpita
From India, Bangalore
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Hi, You will get some clue from the below judgement of Supreme court. Chairman cum Managing Director, Coal India Ltd., Vs Mukul Kumar Choudhuri 2009(123)FLR 601. Regards, Krishnaraj P R 9840355204
From India, Madras
From India, Madras
Dear Krishnaraj, Could you please give a brief outline of the case and judgement? Also, can we look up cases on the Internet? Any particular site? Regards, Kavitha
From India, Bangalore
From India, Bangalore
Hi Arpita, You need to let us know the situation and the notice period the employee is serving.
From India, Bangalore
From India, Bangalore
Arpita,
As far as my knowledge and exp. you won’t be able to terminate him now as he himself resigned.
But yes, you can take action on the grounds of agreement if must have been signed on joining for breaching rules of the employment.
rgds,
nm
From India, New Delhi
As far as my knowledge and exp. you won’t be able to terminate him now as he himself resigned.
But yes, you can take action on the grounds of agreement if must have been signed on joining for breaching rules of the employment.
rgds,
nm
From India, New Delhi
if he has put his resignation then let him go, terminating would definately play hinderence to his careeer.
From India, Mumbai
From India, Mumbai
Dear Arpita,
Termination of any employee is a question of the nature and severity of the gross negligence committed by an employee. There are no hard and fast rules and regulations to deal with such situations. The only guide is the Principle of Natural Justice.
If the gross negligence you are referring to is severe in nature and proven, you can terminate the concerned employee even if he has submitted his resignation.
Regards,
Manoj Thakur
From India, Mumbai
Termination of any employee is a question of the nature and severity of the gross negligence committed by an employee. There are no hard and fast rules and regulations to deal with such situations. The only guide is the Principle of Natural Justice.
If the gross negligence you are referring to is severe in nature and proven, you can terminate the concerned employee even if he has submitted his resignation.
Regards,
Manoj Thakur
From India, Mumbai
Dear Arpita,
You cannot terminate an employee who has already resigned. A resignation marks an end to the employment with the company. Accepting and relieving are processed post-it, to close the employee records with the company. Once the end has been marked, until, and unless it is revoked or taken back by the employee, the employment stands terminated. Hence, at most, you may relieve the employee before the due date. However, the misconduct needs to be resolved. If an incident has been reported, it requires closing. Relieving the employee would require clearance from every area, including financial, legal, and official responsibilities. Please share the background to this case and allow us to brainstorm a solution.
Regards, (Cite Contribution)
From India, Mumbai
You cannot terminate an employee who has already resigned. A resignation marks an end to the employment with the company. Accepting and relieving are processed post-it, to close the employee records with the company. Once the end has been marked, until, and unless it is revoked or taken back by the employee, the employment stands terminated. Hence, at most, you may relieve the employee before the due date. However, the misconduct needs to be resolved. If an incident has been reported, it requires closing. Relieving the employee would require clearance from every area, including financial, legal, and official responsibilities. Please share the background to this case and allow us to brainstorm a solution.
Regards, (Cite Contribution)
From India, Mumbai
Dear Senior,
I think termination is a tool to exercise an employer's right in cases of severe gross negligence by an employee. This tool is used to set examples for all employees. Hence, in this context, I do not agree that an employee cannot be terminated after submitting their resignation.
Let's compare this scenario to committing a severe crime and accepting it, then silently preparing for the consequences or punishments. This does not necessarily mean that the judiciary will remain silent. Indeed, the punishment will be confirmed in writing even if the criminal accepts it. These actions are taken to set examples in broader perspectives and serve larger social or corporate interests.
Regards,
Manoj Thakur
From India, Mumbai
I think termination is a tool to exercise an employer's right in cases of severe gross negligence by an employee. This tool is used to set examples for all employees. Hence, in this context, I do not agree that an employee cannot be terminated after submitting their resignation.
Let's compare this scenario to committing a severe crime and accepting it, then silently preparing for the consequences or punishments. This does not necessarily mean that the judiciary will remain silent. Indeed, the punishment will be confirmed in writing even if the criminal accepts it. These actions are taken to set examples in broader perspectives and serve larger social or corporate interests.
Regards,
Manoj Thakur
From India, Mumbai
I have not gone through the complete judgment. But the point discussed in that case was that the employee was long absent. He has submitted his resignation subsequently. The management has not accepted his resignation and charged him for long absence and terminated him. The court has held that the termination is wrong, and the resignation should be accepted and acted upon.
Regards,
Krishanraj P R
From India, Madras
Regards,
Krishanraj P R
From India, Madras
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