Want to know during suspension period the suspended employee can give resignation or not??? what law says about this
From India, Mumbai
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From India, Mumbai
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There is no law prohibiting an employee under suspension from terminating the contract of service by submitting a resignation since suspension does not automatically end the contract of service. The acceptance of such a resignation during a suspension pending an action into misconduct relies on the specific facts and circumstances of each case and the negotiations involved. Normally, a resignation will not be accepted while disciplinary action is pending.
B. Saikumar
Mumbai
From India, Mumbai
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1979B. Saikumar
Mumbai
From India, Mumbai
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Dear Anonymous,
I agree with Saikumar ji. However, I would like to further add that although normally a resignation will not be accepted pending disciplinary action as stated by him, you can accept it with an undertaking or declaration from the employee that he is resigning of his own accord and there is no issue or dispute between him and the company.
This decision can be made by you after analyzing the gravity of misconduct and other circumstances.
From India, Mumbai
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I agree with Saikumar ji. However, I would like to further add that although normally a resignation will not be accepted pending disciplinary action as stated by him, you can accept it with an undertaking or declaration from the employee that he is resigning of his own accord and there is no issue or dispute between him and the company.
This decision can be made by you after analyzing the gravity of misconduct and other circumstances.
From India, Mumbai
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It is depending upon the case.
Suppose if his suspension is pending enquiry because he has injured worker(s) and those workers are hospitalized, in this case, will you accept his resignation?
Suppose if his suspension is pending enquiry because of his heavy absenteeism, now will you accept his resignation?
Everyone will say in the first case you should not accept. In the second case, you may accept the resignation, so one should remember that the situation or the case decides whether to accept it or not.
My humble opinion is in both cases you should not accept the resignation. Let the proceedings get completed and then take the decision.
Arun J.
From India, Hyderabad
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Suppose if his suspension is pending enquiry because he has injured worker(s) and those workers are hospitalized, in this case, will you accept his resignation?
Suppose if his suspension is pending enquiry because of his heavy absenteeism, now will you accept his resignation?
Everyone will say in the first case you should not accept. In the second case, you may accept the resignation, so one should remember that the situation or the case decides whether to accept it or not.
My humble opinion is in both cases you should not accept the resignation. Let the proceedings get completed and then take the decision.
Arun J.
From India, Hyderabad
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The above opinion I gave is to show management facing strong in front of workers and to set a benchmark among them.
Accepting resignation is a permanent resolution of disputes. If management's aim is solely to remove that person, then accepting resignation is a good option. However, if management wishes to set a benchmark, then let the proceedings be completed.
Arun J.
From India, Hyderabad
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Accepting resignation is a permanent resolution of disputes. If management's aim is solely to remove that person, then accepting resignation is a good option. However, if management wishes to set a benchmark, then let the proceedings be completed.
Arun J.
From India, Hyderabad
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I fully agree with the views expressed by the learned members.
In addition, I'd like to submit something more to have a thorough understanding of the term 'suspension' from a legal perspective relating to disciplinary proceedings in organizations. It is a powerful tool available in the hands of employers to discipline erring employees at times without snapping the employment relationship. It is always prohibitive in nature as the suspended employee is debarred from holding his office or from discharging his duties as before for a specified period of time or till the completion of certain proceedings whether already started or likely to be at a future date; sometimes, it is punitive when awarded as a punishment.
In the former, acceptance of the resignation of the employee is dependent on one or more of the following factors: (a) the gravity of the charge of misconduct (b) conditions precedent to resignation such as the notice period, specific provision, if any regarding inclusion/exclusion of the suspension period in the notice period, etc., (c) the discretion of the employer. In the latter, again, it is the discretion of the employer---if he is of the view that enough is enough, resignation may be accepted forthwith-- or after fully undergoing the punitive suspension.
From India, Salem
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In addition, I'd like to submit something more to have a thorough understanding of the term 'suspension' from a legal perspective relating to disciplinary proceedings in organizations. It is a powerful tool available in the hands of employers to discipline erring employees at times without snapping the employment relationship. It is always prohibitive in nature as the suspended employee is debarred from holding his office or from discharging his duties as before for a specified period of time or till the completion of certain proceedings whether already started or likely to be at a future date; sometimes, it is punitive when awarded as a punishment.
In the former, acceptance of the resignation of the employee is dependent on one or more of the following factors: (a) the gravity of the charge of misconduct (b) conditions precedent to resignation such as the notice period, specific provision, if any regarding inclusion/exclusion of the suspension period in the notice period, etc., (c) the discretion of the employer. In the latter, again, it is the discretion of the employer---if he is of the view that enough is enough, resignation may be accepted forthwith-- or after fully undergoing the punitive suspension.
From India, Salem
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The simple and straight answer to the querry is ....Yes, he can resign....... The Terms of employment and Industrial Employment Standing Orders Act do say it.
From India, Hyderabad
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From India, Hyderabad
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Dear All,
An employee who is suspended pending an enquiry means that the employee has committed some wrongdoing against a person, system, or otherwise. By resigning, that employee wants to avoid punishment for their wrongdoing. In the case of resignation, the complainant has a veto. Only if the complainant agrees can the suspended person resign.
If the employer accepts the resignation without consulting the complainant, the employer is wronging the complainants. This action could strain relations with existing employees at the cost of the suspended and resigned employee, who will no longer have any involvement with the organization, employer, or employees.
Even when the suspended employee submits a resignation, it is up to the employer to accept or reject the resignation. The employer is not bound to accept the resignation because they have the option to terminate the employee. This termination can serve as an example for existing employees, demonstrating the consequences of misbehavior.
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
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An employee who is suspended pending an enquiry means that the employee has committed some wrongdoing against a person, system, or otherwise. By resigning, that employee wants to avoid punishment for their wrongdoing. In the case of resignation, the complainant has a veto. Only if the complainant agrees can the suspended person resign.
If the employer accepts the resignation without consulting the complainant, the employer is wronging the complainants. This action could strain relations with existing employees at the cost of the suspended and resigned employee, who will no longer have any involvement with the organization, employer, or employees.
Even when the suspended employee submits a resignation, it is up to the employer to accept or reject the resignation. The employer is not bound to accept the resignation because they have the option to terminate the employee. This termination can serve as an example for existing employees, demonstrating the consequences of misbehavior.
Vibhakar Ramtirthkar
SVR Associates
HR Consultant
From India, Pune
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Dear All,
Yes, technically, the person who is under suspension can submit resignation. The Employer may or may not accept the resignation. The Employer will tend to accept the resignation in case time and effort in DE are not commensurate with the likely penalty. In the case of a grave offense or to give a signal to others, the Employer may not accept, as already pointed out by other members; the Employer now has the upper hand.
Regards, Col. Rathi
From India, Delhi
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Yes, technically, the person who is under suspension can submit resignation. The Employer may or may not accept the resignation. The Employer will tend to accept the resignation in case time and effort in DE are not commensurate with the likely penalty. In the case of a grave offense or to give a signal to others, the Employer may not accept, as already pointed out by other members; the Employer now has the upper hand.
Regards, Col. Rathi
From India, Delhi
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