when resiganation comes into effect
Querist :
Anonymous
(Querist) 15 May 2011
This query is : Resolved
hi
when there is no contract & the post of officer is high rank which is not under the wages act & industry law...
the officer resign VOLUNTARILY...
1. does it comes into Effect immediate?
2. does it needs ONE MONTH NOTICE?
3. or to waive such notice he has to pay one month salary?
Querist :
Anonymous
(Querist) 15 May 2011
as there are many case laws regarding the Voluntery Resiganation:
when there is absense of any provision regarding the resiganation then it comes into effect immediate
Advocate. Arunagiri
(Expert) 15 May 2011
1. The employee has to decide the date.
2. All depends upon the appointment terms.
3. All depends upon the appointment terms.
Raj Kumar Makkad
(Expert) 15 May 2011
As there are no terms in writing so voluntary retirement can take effect immediately on the desire of concerned employee and it has to come into operation as such.
Guest
(Expert) 16 May 2011
Dear Mr.Makkad,
I would have to differ with your opinion in totality. Resignation and Voluntary retirement are two different terms and events. Even voluntary retirement does not become effective immediately on applying or on the date decided by the person applying for voluntary retirement. Voluntary retirement is also of two kinds, one which is permissible under the provisions of the existing rules after the employee renders the minimum prescribed service. Voluntary retirement is also not prescribed in rules of every organization.
The other type of voluntary retirement is that if declared by the organization, as a golden handshake to reduce the staff in the organization to get rid of the old staff.
No one, particularly the high ranking Officer, is allowed to leave the post unmanned until arrangement of a proper substitute is made by the authorities. Voluntary retirement date is made effective when the officer is actually relieved after handing over his charge to some one appointed against him. The date of relingushment under VRS, as a handshake is purely at the discretion of the organization, not on the discretion of the employee. The voluntary retirement prescribed under rules, if any, of the organization, depends upon a voluntary retirement notice of a prescribed period and that too only after completion of a minimum prescribed service. Still in the exigency of the service he can be denied voluntary retirement by the organization.
Similarly, if some one resigns, his resignation also becomes effective only when he hands over his charge to his substitute on order made to that effect by the controlling authority.
Guest
(Expert) 16 May 2011
Dear Anonymous,
Contract or no contract, the resignations are regulated by the rules and regulations of the organizations. When you are saying the officer is of high rank, the organization must have very specific rules for its employees. Moreover any high ranking officer has to behave more responsibly and to take care of the rules and regulations of the organization.
Notice period is a must. Resignations are alsways on voluntary basis, as no authority can impose resignation on any employee of whatsoever rank.
1. Resignation won't come into Effect immediately merely on applying. Acceptance of resignation and order for relieving by the competent authority is a must. The effective date would be the date when he hands over his charge to the substitute appointed to take over his charge of the officer.
2. Definitely it needs minimum one month's notice, unless specified otherwise in the rules and regulations of the organization. The notice period according to the organization rules can even be of more than one month.
3. Of course the officer can offer deposit of salary equal to the notice period for his early discharge. But still, unless proper arrangement for takeover of his charge is not made by his controlling authority the resignation would not take place.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi
[dcgroup1962@gmail.com]
