Dear Experts,
One of the employees is involved in the theft of company properties and is currently undergoing interrogation or, to say, in the preliminary inquiry process. Meanwhile, another employee has submitted a one-month notice of resignation, but there is also suspicion of involvement in the theft incident by the resigning employee. I request expert views on the following:
1. Can the management deny acceptance of the resignation letter from the employee who submitted resignation?
2. Is it necessary for the management to accept the resignation and release the employee upon the expiry of the notice period?
3. If the resigned employee does not report for work after submitting resignation, what course of action should be taken against them?
4. If we accept the resignation, can the Management state in the relieving order that the relieving is without prejudice to reserving the right of the Management to take legal criminal action, if any, if the employee's involvement in theft is noticed after the conclusion of the preliminary inquiry process?
5. Any other valuable suggestions, please.
Thanks and regards,
V. Sridharan
From India, Mumbai
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25One of the employees is involved in the theft of company properties and is currently undergoing interrogation or, to say, in the preliminary inquiry process. Meanwhile, another employee has submitted a one-month notice of resignation, but there is also suspicion of involvement in the theft incident by the resigning employee. I request expert views on the following:
1. Can the management deny acceptance of the resignation letter from the employee who submitted resignation?
2. Is it necessary for the management to accept the resignation and release the employee upon the expiry of the notice period?
3. If the resigned employee does not report for work after submitting resignation, what course of action should be taken against them?
4. If we accept the resignation, can the Management state in the relieving order that the relieving is without prejudice to reserving the right of the Management to take legal criminal action, if any, if the employee's involvement in theft is noticed after the conclusion of the preliminary inquiry process?
5. Any other valuable suggestions, please.
Thanks and regards,
V. Sridharan
From India, Mumbai
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You can accept the resignation on one condition, i.e., relieving pending decision by the disciplinary authority. This will send a message that he cannot get an easy walkover, but his exit will depend on the decision of the disciplinary authority for which he should be available, and he should cooperate. If he absents himself, then his relieving will not happen. At the same time, if he cooperates, the inquiry will happen in time, and if he is found not guilty, he can get relieved with a very good endorsement of his good service. But if he does not cooperate, the decision will have to be taken ex parte, and he would be terminated based on the reports. This will certainly spoil his career. Therefore, educate him on the consequences.
From India, Kannur
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From India, Kannur
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Hi,
Until the completion of the notice period, the employment relationship, including all rights and obligations, exists. Therefore, an employer can pursue disciplinary action against the employee. The proceedings must, however, be concluded within the notice period; that is, the employee must be heard, and judgment delivered to validate the findings of the process. If the employee is found guilty before the notice period's expiry, and the employer terminates the employment contract, such termination will be reflected as a dismissal and not resignation.
If the employee is relieved after the completion of the notice period, there is no longer an employee-employer relationship to support any disciplinary proceedings.
From India, Madras
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Until the completion of the notice period, the employment relationship, including all rights and obligations, exists. Therefore, an employer can pursue disciplinary action against the employee. The proceedings must, however, be concluded within the notice period; that is, the employee must be heard, and judgment delivered to validate the findings of the process. If the employee is found guilty before the notice period's expiry, and the employer terminates the employment contract, such termination will be reflected as a dismissal and not resignation.
If the employee is relieved after the completion of the notice period, there is no longer an employee-employer relationship to support any disciplinary proceedings.
From India, Madras
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The response to your queries is as follows:
1. The resignation can be rejected when a disciplinary inquiry is in progress or is contemplated. This is the general law on the subject.
2. It is not necessary for the management to accept the resignation; the management can reject the resignation and state the reasons for the same.
3. Reply to the employee rejecting the resignation, ask the employee to return back on duty, and tell in clear terms that the absence is unauthorized and a separate action could lie for it.
4. Yes, it can be mentioned so. But it will not be a solution to the problem.
5. It is necessary to take strong action in such matters as otherwise it is setting a bad precedent, as though anything can be done and on the verge of being caught submit a resignation and get away from the scene. This will not be a decisive action. Expedite the preliminary inquiry and decide the matter accordingly.
From India, Mumbai
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1. The resignation can be rejected when a disciplinary inquiry is in progress or is contemplated. This is the general law on the subject.
2. It is not necessary for the management to accept the resignation; the management can reject the resignation and state the reasons for the same.
3. Reply to the employee rejecting the resignation, ask the employee to return back on duty, and tell in clear terms that the absence is unauthorized and a separate action could lie for it.
4. Yes, it can be mentioned so. But it will not be a solution to the problem.
5. It is necessary to take strong action in such matters as otherwise it is setting a bad precedent, as though anything can be done and on the verge of being caught submit a resignation and get away from the scene. This will not be a decisive action. Expedite the preliminary inquiry and decide the matter accordingly.
From India, Mumbai
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Dear Sridhar,
A contract of employment can be unilaterally terminated by an employee at his will by means of a formal resignation subject to the compliance of the exit clause, and the employer has no discretion in this regard unless certain charges of misconduct are either contemplated or pending, or his services are highly indispensable for the time being in the interest of the organization.
From your narrative, what is discernible is that the employee who has submitted his resignation has not yet been indicted in the theft charges either as one of the offenders or as an accomplice. But his sudden resignation raises the doubt whether he would have a hand in the offence and to avoid any disciplinary action in this regard he could have offered to resign. Mere suspicion cannot take the place of proof. The value of the property stolen, whether the theft was in a single attempt or done on different dates by the employee against whom the preliminary inquiry is in progress, the preponderance of the probability of connivance on the part of the resigning employee by virtue of his official position and relationship with the accused, etc., are the factors for the arousal of such suspicion. Therefore, the employer cannot reject the resignation merely because its submission coincides with the inquiry into the theft of the company's property by another employee.
In the absence of concrete evidence, if any, if his resignation is rejected and he is also indicted it would tantamount to coercion. On the other hand, if the resignation is accepted conditionally as mentioned by Mr. Madhu, the employer loses his disciplinary control over a resigned employee except upon charges of monetary loss or damage to the employer's property if it comes to light later. Even the employee's formal and peaceful separation cannot be a bar on his conviction in criminal proceedings instituted against him later.
From India, Salem
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A contract of employment can be unilaterally terminated by an employee at his will by means of a formal resignation subject to the compliance of the exit clause, and the employer has no discretion in this regard unless certain charges of misconduct are either contemplated or pending, or his services are highly indispensable for the time being in the interest of the organization.
From your narrative, what is discernible is that the employee who has submitted his resignation has not yet been indicted in the theft charges either as one of the offenders or as an accomplice. But his sudden resignation raises the doubt whether he would have a hand in the offence and to avoid any disciplinary action in this regard he could have offered to resign. Mere suspicion cannot take the place of proof. The value of the property stolen, whether the theft was in a single attempt or done on different dates by the employee against whom the preliminary inquiry is in progress, the preponderance of the probability of connivance on the part of the resigning employee by virtue of his official position and relationship with the accused, etc., are the factors for the arousal of such suspicion. Therefore, the employer cannot reject the resignation merely because its submission coincides with the inquiry into the theft of the company's property by another employee.
In the absence of concrete evidence, if any, if his resignation is rejected and he is also indicted it would tantamount to coercion. On the other hand, if the resignation is accepted conditionally as mentioned by Mr. Madhu, the employer loses his disciplinary control over a resigned employee except upon charges of monetary loss or damage to the employer's property if it comes to light later. Even the employee's formal and peaceful separation cannot be a bar on his conviction in criminal proceedings instituted against him later.
From India, Salem
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