Dear Bahraich,
In the first place, resignation becomes effective only on the date of relief of the resignee from the post he held pursuant to its acceptance by the employer.
Second, an employee may intelligently choose to resign even when he anticipates disciplinary action against him as a preemptive measure to avoid the likelihood of punishment. Therefore, it cannot be simply concluded or generalized that any disciplinary action initiated by the employer after receipt of resignation would be a measure of victimization or an afterthought only. The facts of the charges and the timing of their notice by the employer are the factors to consider in determining the appropriateness of the employer's actions.
Thirdly, it is discernible that the date of the enquiry was 26th February, but the suspension date was 31st March 2020. The above version does not clarify whether the suspension was pending enquiry or a punitive suspension imposed after the conclusion of the disciplinary proceedings.
Since your ultimate query pertains to the F&F, should we presume that you intend to proceed with your resignation dated 17-02-2020 despite the suspension effective from 31st March? Your post does not specify the effective date of your resignation, whether it includes the actual service of the notice period or its buy-out, and whether the suspension is currently in effect.
It is up to the employer to accept your previously submitted resignation or not. I believe that the employer may not accept the resignation due to the notice period issue and the ongoing disciplinary action. Typically, employers do not accept resignations when disciplinary actions are ongoing or when employees are undergoing punishment. Some employers may accept it under the impression that "enough is enough." It varies.
You may want to consider submitting a fresh resignation that meets the notice conditions.
Thank you.
From India, Salem
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6108In the first place, resignation becomes effective only on the date of relief of the resignee from the post he held pursuant to its acceptance by the employer.
Second, an employee may intelligently choose to resign even when he anticipates disciplinary action against him as a preemptive measure to avoid the likelihood of punishment. Therefore, it cannot be simply concluded or generalized that any disciplinary action initiated by the employer after receipt of resignation would be a measure of victimization or an afterthought only. The facts of the charges and the timing of their notice by the employer are the factors to consider in determining the appropriateness of the employer's actions.
Thirdly, it is discernible that the date of the enquiry was 26th February, but the suspension date was 31st March 2020. The above version does not clarify whether the suspension was pending enquiry or a punitive suspension imposed after the conclusion of the disciplinary proceedings.
Since your ultimate query pertains to the F&F, should we presume that you intend to proceed with your resignation dated 17-02-2020 despite the suspension effective from 31st March? Your post does not specify the effective date of your resignation, whether it includes the actual service of the notice period or its buy-out, and whether the suspension is currently in effect.
It is up to the employer to accept your previously submitted resignation or not. I believe that the employer may not accept the resignation due to the notice period issue and the ongoing disciplinary action. Typically, employers do not accept resignations when disciplinary actions are ongoing or when employees are undergoing punishment. Some employers may accept it under the impression that "enough is enough." It varies.
You may want to consider submitting a fresh resignation that meets the notice conditions.
Thank you.
From India, Salem
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Dear Sir,
I will stand by my previous resignation dated 17th Feb as they have not given any reply since I submitted my resignation. After 72 hours had passed, I sent it to them by post. Moreover, they have not provided me with any specific chargesheet for my suspension. Should I prepare to take legal action as they are currently harassing me?
Secondly, sir, I would like to seek your opinion on whether I can accept a new job opportunity. I have not received any substantial allowance, and based on my resignation, am I eligible to join a new company or not?
Thank you.
From India, Lucknow
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I will stand by my previous resignation dated 17th Feb as they have not given any reply since I submitted my resignation. After 72 hours had passed, I sent it to them by post. Moreover, they have not provided me with any specific chargesheet for my suspension. Should I prepare to take legal action as they are currently harassing me?
Secondly, sir, I would like to seek your opinion on whether I can accept a new job opportunity. I have not received any substantial allowance, and based on my resignation, am I eligible to join a new company or not?
Thank you.
From India, Lucknow
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