Dear Sir,
1.During the process of domestic enquiry pending. can the employer accept the resignation letter from the employee and relive him/her with no remarks
2. how and in what circumstance the domestic enquiry can be terminated.
3. by reliving an employee in the course of domestic enquiry, what are effects of it
4. further to reliving an employee can the domestic enquiry be conducted
Thanks and best regards,
Jeffrey Samuel.
From India, Mumbai
11.During the process of domestic enquiry pending. can the employer accept the resignation letter from the employee and relive him/her with no remarks
2. how and in what circumstance the domestic enquiry can be terminated.
3. by reliving an employee in the course of domestic enquiry, what are effects of it
4. further to reliving an employee can the domestic enquiry be conducted
Thanks and best regards,
Jeffrey Samuel.
From India, Mumbai
Dear Jeffrey,
Check my replies: -
1.During the process of domestic enquiry pending. can the employer accept the resignation letter from the employee and relive him/her with no remarks
Theoretically speaking yes. But if you accept the resignation then what is the use of initiating domestic enquiry? At this stage it is better to keep the resignation in abeyance, proceed with enquiry, award suitable punishment after completion of enquiry relieve employee by imposing suitable punishment.
2. how and in what circumstance the domestic enquiry can be terminated.
Domestic enquiry can terminated in case of:
a) Death of defaulting employee
b) If there is sound evidence that shows that accused is innocent or clean-handed.
But domestic enquiry should be initiated with caution. It is not child's play wherein you start or terminate at your whim.
3. by reliving an employee in the course of domestic enquiry, what are effects of it
4. further to reliving an employee can the domestic enquiry be conducted
By relieving accused from his/her duties when the domestic enquiry is on shows immaturity of the management. Once you relieve the employee then employer-employee relationship cease to exist. Under such circumstances why accused will depose before the enquiry and how are you going to establish culpability or blameworthiness?
I have written above comments out of my general knowledge. However, other legal experts may give better opinion.
Ok...
Dinesh V Divekar
.
From India, Bangalore
Check my replies: -
1.During the process of domestic enquiry pending. can the employer accept the resignation letter from the employee and relive him/her with no remarks
Theoretically speaking yes. But if you accept the resignation then what is the use of initiating domestic enquiry? At this stage it is better to keep the resignation in abeyance, proceed with enquiry, award suitable punishment after completion of enquiry relieve employee by imposing suitable punishment.
2. how and in what circumstance the domestic enquiry can be terminated.
Domestic enquiry can terminated in case of:
a) Death of defaulting employee
b) If there is sound evidence that shows that accused is innocent or clean-handed.
But domestic enquiry should be initiated with caution. It is not child's play wherein you start or terminate at your whim.
3. by reliving an employee in the course of domestic enquiry, what are effects of it
4. further to reliving an employee can the domestic enquiry be conducted
By relieving accused from his/her duties when the domestic enquiry is on shows immaturity of the management. Once you relieve the employee then employer-employee relationship cease to exist. Under such circumstances why accused will depose before the enquiry and how are you going to establish culpability or blameworthiness?
I have written above comments out of my general knowledge. However, other legal experts may give better opinion.
Ok...
Dinesh V Divekar
.
From India, Bangalore
Acceptance of resignation letter of an employee facing domestic enquiry is a matter of freedom of employer. If the financial implications is not severe in nature, the employer can accept it and relive him. But if you think that financial irregularities are very severe and his facing enquiry to unearth or quantify the misappropriation is a must then do not relive him. This is because in a private sector company, the employee- employer relationship will come to an end with the employer relieving employee and if we want to proceed with the matter of recovering the dues we will have to find the help of law. At the same time, in a public sector company enquiry can be held even after superannuation of the employee.
Regards,
Madhu.T.k
From India, Kannur
Regards,
Madhu.T.k
From India, Kannur
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.
Resignation Letter.jpg
Resignation cum relieving letter.doc