Anonymous
My friend's employer accepted resignation letter.But during the last two days of his serving notice period,he was given termination letter for false misconduct charges without any proof.he is about to join another company within a week.can he join that company with showing that resignation acceptance letter?
PLEASE REPLY ASAP.

From India, Kolkata
SrAdvBhat
8

That's not fair, please advice your friend to seek the exact reasons for his termination. Termination without specific reason is illegal. Your friend could approach Labour Office if it is not amicably settled.
Mean while please explain the background of these issues to the new employer and join with them.

From India, Kochi
riteshmaity
243

Since your friend has already given resignation and consequent upon its acceptance I presume that he is serving the notice period. At this stage terminating a service for any misconduct without any charge sheet or enquiry is vindictive, illegal and an act of victimization itself.
Even terminating an employee (workman under the ID Act) on any charge without issuing charge sheet and holding domestic enquiry is illegal.
You have to protest in writing against the alleged letter of termination and also claim your compensation/ full and final settlement after completion of the notice period. Contact a lawyer, if required.

From India, Kolkata
fc.vadodara@nidrahotels.com
734

Please ask your friend to brief the new employer the fact, never hide anything from the prospective employer. If your friend joins on the basis of Resignation acceptance and after that if the new employer ask for the relieving and/or experience letter what will be your friend's stand.
From India, Ahmadabad
P. Sabat
2

Hi,
It is very important to understand that why the Company issued termination letter when the resignation has already been accepted. What kind of False Misconduct try to understand carefully. Who has accepted the resignation letter and who issued the termination letter. He can join the company by showing the resignation acceptance letter. But, it is advisable to discuss with the new Company immediately about the issue and take their opinion. If they agrees it will be smooth for him. Otherwise, he will find the similar issues in the next organization too.
Regards'
PS

From India, Bangalore
psdhingra
387

In normal conditions, termination is invalid if resignation notice has already been served by the employee. However, in case of grave offence, the employer reserves the right to terminate the employee, but only after conduct of a fair departmental/ domestic inquiry.
From India, Delhi
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