Dear Friends, can someone tell what is the validity of resignation sent by E mail by the employee to his HOD/ HR Deptt. Is there any case law ? Pl guide. Regds,
From India, Delhi
107From India, Delhi
Hi,
This is a very good question you have asked. As of now yes there are people who resign or send in their resignation through mail to the HOD but as far as the legality is concerned it is always better to make a hard copy immediately & file the same in the respective employee's personal file . Secondly if the employee is still around (serving his notice period) then to be on the safer side it is better that he / she sign on the printout .
This is my personal opinion. Otherwise even if a employee types the letter & signs on the printout of the resignation is valid & binding.
Hope this helps you out & solves your query.
Regards,
Sadashiv 8)
From Kuwait, Kuwait
This is a very good question you have asked. As of now yes there are people who resign or send in their resignation through mail to the HOD but as far as the legality is concerned it is always better to make a hard copy immediately & file the same in the respective employee's personal file . Secondly if the employee is still around (serving his notice period) then to be on the safer side it is better that he / she sign on the printout .
This is my personal opinion. Otherwise even if a employee types the letter & signs on the printout of the resignation is valid & binding.
Hope this helps you out & solves your query.
Regards,
Sadashiv 8)
From Kuwait, Kuwait
Hi,
Resignation can be accepted by Electronic means provided the IT Policy supports audit of the transaction.
This points to -
a. The IT Policy for an Audit Trail for E-Mail
b. The Audit trail feature provided in your HR Software
Robust HR Software like Adrenalin does ensure that an Audit Trail is maintained for all transactions and thus makes any HR electronic transaction as legal.
Cheers
Sankalp Patnaik
From India, Bangalore
Resignation can be accepted by Electronic means provided the IT Policy supports audit of the transaction.
This points to -
a. The IT Policy for an Audit Trail for E-Mail
b. The Audit trail feature provided in your HR Software
Robust HR Software like Adrenalin does ensure that an Audit Trail is maintained for all transactions and thus makes any HR electronic transaction as legal.
Cheers
Sankalp Patnaik
From India, Bangalore
No document is authentic unless signed by the author. This is the normal rule. Since "resignation" is concerned with contract of employment between the employer and the employee, it is proper and not merely "safe" to have a signed "resignation letter", especially when there are times when employees have denied their own signatures and have alleged "duress" and "force" as the cause of resignation, it is advisable to insist upon a written and signed resignation.
Since it is a matter connected with the contract of employment, it is entirely possible, though not advisable, to make a stipulation in the contract of employment to the effect that the resignations received through e-mail will be treated as authentically owned by the named sender. In such a case of prior awareness of the possibility of resignation forwarded through e-mail being accepted, it is fine to receive/accept resignation through e-mail.
To my mind, there is no case law on the exact point, but on the subject of resignations alleged to have been obtained under duress/force, there is case law. It is, hwoever, extremely difficult to prove duress/force or compulsion.
Regards
samvedan
December 13, 2005
From India, Pune
Since it is a matter connected with the contract of employment, it is entirely possible, though not advisable, to make a stipulation in the contract of employment to the effect that the resignations received through e-mail will be treated as authentically owned by the named sender. In such a case of prior awareness of the possibility of resignation forwarded through e-mail being accepted, it is fine to receive/accept resignation through e-mail.
To my mind, there is no case law on the exact point, but on the subject of resignations alleged to have been obtained under duress/force, there is case law. It is, hwoever, extremely difficult to prove duress/force or compulsion.
Regards
samvedan
December 13, 2005
From India, Pune
Dear All,
I have some difference of opinion, may be debatable. If resignation sent through email and the mail ID is allotted by the organisation ( like lotus note or company's internal communication system), then the same to be treated as authentic and no need to have signature. If not then one can ask for signed hard or scanned copy from individual.
Because he may challenge his own resignation letter in future if he want to do, with a option that it was not my ID.
I've not yet read any case law in this regards. Since I am working in abroad we may face this type of resignations from Expats, so in my organization we insist for hard copy of resignation.
Regards,
Abhay
I have some difference of opinion, may be debatable. If resignation sent through email and the mail ID is allotted by the organisation ( like lotus note or company's internal communication system), then the same to be treated as authentic and no need to have signature. If not then one can ask for signed hard or scanned copy from individual.
Because he may challenge his own resignation letter in future if he want to do, with a option that it was not my ID.
I've not yet read any case law in this regards. Since I am working in abroad we may face this type of resignations from Expats, so in my organization we insist for hard copy of resignation.
Regards,
Abhay
I would agree with samvedan that a signed copy is required if the employer wishes to be able to withstand legal or industrial scrutiny.
I am also aware that electronic evidence of identity and authorship are accepted in other areas (such as inappropriate internet or email under an individual's login identity).
However in thae latter case this is about the internal management and decision making proceses of an organisation and if contested in Court, this electronic evidence may not be found suficient to uphold the employer's view point.
Signed paper copy is the way to go.
From Australia, Ballarat
I am also aware that electronic evidence of identity and authorship are accepted in other areas (such as inappropriate internet or email under an individual's login identity).
However in thae latter case this is about the internal management and decision making proceses of an organisation and if contested in Court, this electronic evidence may not be found suficient to uphold the employer's view point.
Signed paper copy is the way to go.
From Australia, Ballarat
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