Termination After Submission Of Resignation
Avinash Kumar Sharma
(Querist) 28 February 2011
This query is : Resolved
Dear Sir, Can an employee be dismissed or terminated after submission of resignation( during notice period).If it is done then what is the remedy for employee. Regards, Avinash
Kirti Kar Tripathi
(Expert) 01 March 2011
he can challenge the termination on the basis of contract, the resignation submitted by him will have not effect unless it is accepted.
Kirti Kar Tripathi
(Expert) 01 March 2011
he can challenge the termination on the basis of contract, the resignation submitted by him will have not effect unless it is accepted.
Guest
(Expert) 01 March 2011
Dear Avinash,
Probably, some vital information is wanting in your query, as any solution by reading between the lines can harm your interest more rather than giving any benefit, if some vital information leading to dismissal or termination is not shared with the experts. Needless to mention, no dismissal or termination can be made without any valid reason, which, you seem to have avoided to provide in your query.
The question arises, what reason has been quoted by the employer in the termination or the dismissal order, or whether there was any serious disciplinary case against the employee when he submitted the resignation notice. If in any pending disciplinary case the departmental inquiry was completed and the decision of the disciplinary authority was due, dismissal or termination would be justified in that case.
However, if you don't want to reveal or share any such information in this public forum you may like to send details to me through email, as given below, so that the case can be analyzed properly.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
H. S. Thukral
(Expert) 01 March 2011
The notice even though accepted does not snap ties of employer-employee immediately but continue till employee is relieved. During the period of notice the emplyee is on duty and answerable for his actions. Therefore the employer can take any action based on contract of employment. In cases where the employee is provided post retiral benifits such as pension etc. the relation continues even thereafter and employee is open for any disciplinary action after retirement too, for his conduct during the employment.
Kirti Kar Tripathi
(Expert) 01 March 2011
validity of termination will have its own merits but resignation will not have any effect.
Ajay Bansal
(Expert) 01 March 2011
Agreed with Kirti Kar Tripathi.
Guest
(Expert) 05 March 2011
Acceptance of resignation is always at the discretion of the employer.
Advocate. Arunagiri
(Expert) 05 March 2011
The employer is having all such right to reject the resignation and terminate the employee.
