Resignation is relinquishment of work which is voluntary. However, it has also been held by Supreme Court that resignation is effected only on the acceptance of the same by the employer, The Supreme Court has held that,
\"A resignation by an employee would, however, normally require to be accepted by the employer in order to be effective. It can be that in certain circumstances an employer would be justified in refusing to accept the employee\'s resignation as, for instance, when an employee wants to leave in the middle of a work, which is urgent or important, and for the completion of which his presence and participation are necessary. An employer can also refuse to accept the resignation when there is a disciplinary inquiry pending against the employee. in such a case, to permit an employee to resign would be to allow him to go away from the service and escape the consequences of an adverse finding against him in such an inquiry. There can also be other grounds on which an employer would be justified in not accepting the resignation of an employee”
above information is made considering Employers Interest.
what are remedies under this circumstances if employee is willing to resign with prior notice??
From India, Pune
1\"A resignation by an employee would, however, normally require to be accepted by the employer in order to be effective. It can be that in certain circumstances an employer would be justified in refusing to accept the employee\'s resignation as, for instance, when an employee wants to leave in the middle of a work, which is urgent or important, and for the completion of which his presence and participation are necessary. An employer can also refuse to accept the resignation when there is a disciplinary inquiry pending against the employee. in such a case, to permit an employee to resign would be to allow him to go away from the service and escape the consequences of an adverse finding against him in such an inquiry. There can also be other grounds on which an employer would be justified in not accepting the resignation of an employee”
above information is made considering Employers Interest.
what are remedies under this circumstances if employee is willing to resign with prior notice??
From India, Pune
Dear Pratik,
The observation of the Apex Court cited, apart from high-lighting the employers' interest in accepting the resignation of an employee for the reasons stated thereof as viewed by you, also brings out the fact when it becomes effective.But it cannot be arbitrary for the simple reason that employment is always a matter of choice.You can not compel an unwilling employer to continue an unwanted employee in his services on account of valid and genuine reasons; similarly, an unwilling employee can not be compelled indefinitely to remain in employment.That's why the schedule to the Industrial Employment (Standing Orders) Act,1946 contains the subject matter of termination of employment and Section 3(2) enjoins upon the employer to make provision for all the matters set out in the Schedule in the Standing Orders to be certified.Therefore, strictly speaking, on the expiry of notice period for resignation, in the absence of the contingencies mentioned in the judgment, the employee should be relieved.If not the employee can simply walk away and it would not amount to abandonment of service warranting disciplinary action.On the contrary, if the employer has compelling reasons to retain, then cajolery with higher compensation is the only option.
From India, Salem
The observation of the Apex Court cited, apart from high-lighting the employers' interest in accepting the resignation of an employee for the reasons stated thereof as viewed by you, also brings out the fact when it becomes effective.But it cannot be arbitrary for the simple reason that employment is always a matter of choice.You can not compel an unwilling employer to continue an unwanted employee in his services on account of valid and genuine reasons; similarly, an unwilling employee can not be compelled indefinitely to remain in employment.That's why the schedule to the Industrial Employment (Standing Orders) Act,1946 contains the subject matter of termination of employment and Section 3(2) enjoins upon the employer to make provision for all the matters set out in the Schedule in the Standing Orders to be certified.Therefore, strictly speaking, on the expiry of notice period for resignation, in the absence of the contingencies mentioned in the judgment, the employee should be relieved.If not the employee can simply walk away and it would not amount to abandonment of service warranting disciplinary action.On the contrary, if the employer has compelling reasons to retain, then cajolery with higher compensation is the only option.
From India, Salem
Community Support and Knowledge-base on business, career and organisational prospects and issues - Register and Log In to CiteHR and post your query, download formats and be part of a fostered community of professionals.
Employee reference policy.doc