As all seniors has adviced, technically resignation can be accepted during suspension but subject to : So you are requested to let us know all what were the charges levelled for suspension wherein the seniors can advice you appropriately
From India, Ahmadabad
734From India, Ahmadabad
How the employer can accept resignation and continue domestic inquiry against the employee even after resignation? It is not proper to accept resignation even during suspension or pending disciplinary action and then withhold retrial benefit such as gratuity.
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
B.Saikumar
HR & Labour Law Advsior
Mumbai
From India, Mumbai
Dear All,
DE will have to be called off.It depends wether the employer wants to contiue with DE or not.
In case, the empoyeer, keeping in mind expenses to be paid under suspension period and likely litigation that may follow, decides that even though the case is strong but efforts invoved are not worth it,may decide and can decide to accept resignation.
In doing so, employer gets rid of the employee.
Employee gets off without punishment, but has to resign.
So each such case has pros and cons.
Regards,
Col.Rathi
From India, Delhi
DE will have to be called off.It depends wether the employer wants to contiue with DE or not.
In case, the empoyeer, keeping in mind expenses to be paid under suspension period and likely litigation that may follow, decides that even though the case is strong but efforts invoved are not worth it,may decide and can decide to accept resignation.
In doing so, employer gets rid of the employee.
Employee gets off without punishment, but has to resign.
So each such case has pros and cons.
Regards,
Col.Rathi
From India, Delhi
Dear All,
Certain litigation will not be over even after resignation. This goes without saying both the workman and or manager. Depending upon gravity, when criminal case is registered against an employee, the resignation can be accepted and it does not amount to clearing from all the allegation. This needs detailed discussion.
Vivian Chandrashekar
9916138191
From India, Bangalore
Certain litigation will not be over even after resignation. This goes without saying both the workman and or manager. Depending upon gravity, when criminal case is registered against an employee, the resignation can be accepted and it does not amount to clearing from all the allegation. This needs detailed discussion.
Vivian Chandrashekar
9916138191
From India, Bangalore
The issue is about accepting resignation pending disciplinary action but not litigation. The employer cannot accept resignation and relive the employee on one hand and continue domestic inquiry against him on the other hand, as both are legally inconsistent.
B.Saikumar
Mumbai
From India, Mumbai
B.Saikumar
Mumbai
From India, Mumbai
I agree with saikumar sir if you want to accept the resignation then you have to cancle the enquiry.
You cannot do both things at a time. Either keep the enquiry on by refusing his resignation or accept the resignation and cancle the enquiry and let the employee exit.
Arun J.
From India, Hyderabad
You cannot do both things at a time. Either keep the enquiry on by refusing his resignation or accept the resignation and cancle the enquiry and let the employee exit.
Arun J.
From India, Hyderabad
Dear All Respected Contributors and the Anonymous
The opinions given above by most of the Contributors seems to convey the idea that an employee can submit resignation during suspension period but it will depend upon the management to accept or reject it. I would clarify as under:
1. An employee is governed by the rules and regulations of a company. The disciplinary rules provide that an employee under suspension can not submit resignation. However an employee can submit resignation at his own accord.
2. In case the management wants to save time and money on the DE (departmental enquiry) then it can negotiate with the employee on its terms and conditions. There is no bar on this practice. In such a situation the management's action will also send a message to the employees that delinquent employees are liable to be removed.
3. In case the employee was suspended on the basis of some complaint, even then it is the prerogative of the management to accept or reject the resignation. There is no question of complainant's dissatisfaction.
4. The benefits to be released on full and final settlement will depend on the rules and regulations of the company and decision of the management thereon.
With due regards to all.
C.M. LAL SRIVASTAVA
From India, New Delhi
The opinions given above by most of the Contributors seems to convey the idea that an employee can submit resignation during suspension period but it will depend upon the management to accept or reject it. I would clarify as under:
1. An employee is governed by the rules and regulations of a company. The disciplinary rules provide that an employee under suspension can not submit resignation. However an employee can submit resignation at his own accord.
2. In case the management wants to save time and money on the DE (departmental enquiry) then it can negotiate with the employee on its terms and conditions. There is no bar on this practice. In such a situation the management's action will also send a message to the employees that delinquent employees are liable to be removed.
3. In case the employee was suspended on the basis of some complaint, even then it is the prerogative of the management to accept or reject the resignation. There is no question of complainant's dissatisfaction.
4. The benefits to be released on full and final settlement will depend on the rules and regulations of the company and decision of the management thereon.
With due regards to all.
C.M. LAL SRIVASTAVA
From India, New Delhi
Hi All , What to do if HR is not sharing enquiry report to the suspended employee and company standing acts
From India, Nadiad
From India, Nadiad
To
Dear Pune.HR
Your query is that HR is not sharing enquiry report to the suspended employee and company standing acts. It is clarified that after completion of inquiry, the inquiry report is to be considered by the specified/competent Disciplinary Authority on the basis of findings given by the Inquiry Officer. It is open for the Disciplinary Authority either to agree or disagree with the findings of the Inquiry Officer. The Disciplinary Authority is required to serve a show cause notice to the concerned employee if he contemplates to impose any penalty and consider the representation of employee, if submitted by the employee, before passing an order for imposition of a penalty.
It may also happen that the Disciplinary Authority may contemplate to close the disciplinary proceedings at his discretion and prudence, but in that case also a communication needs to be sent to the employee.
Hope this answers your query.
C.M. Lal Srivastava 09818680671
From India, New Delhi
Dear Pune.HR
Your query is that HR is not sharing enquiry report to the suspended employee and company standing acts. It is clarified that after completion of inquiry, the inquiry report is to be considered by the specified/competent Disciplinary Authority on the basis of findings given by the Inquiry Officer. It is open for the Disciplinary Authority either to agree or disagree with the findings of the Inquiry Officer. The Disciplinary Authority is required to serve a show cause notice to the concerned employee if he contemplates to impose any penalty and consider the representation of employee, if submitted by the employee, before passing an order for imposition of a penalty.
It may also happen that the Disciplinary Authority may contemplate to close the disciplinary proceedings at his discretion and prudence, but in that case also a communication needs to be sent to the employee.
Hope this answers your query.
C.M. Lal Srivastava 09818680671
From India, New Delhi
Dear Pune.HR,
Since posting of the text of certified Standing Orders u/s 9 of the IE(SO)Act,1946 is sufficient compliance of communication to the employees governed by the orders and such it is not necessary to communicate its copy to the delinquent concerned.
Non-supply of the copy of enquiry report along with the second show cause notice proposing the punishment to be awarded to the delinquent is a serious lapse on the part of the management.
From India, Salem
Since posting of the text of certified Standing Orders u/s 9 of the IE(SO)Act,1946 is sufficient compliance of communication to the employees governed by the orders and such it is not necessary to communicate its copy to the delinquent concerned.
Non-supply of the copy of enquiry report along with the second show cause notice proposing the punishment to be awarded to the delinquent is a serious lapse on the part of the management.
From India, Salem
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