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resignation through email

(Querist) 16 December 2010 This query is : Resolved 
please member suggest me.

our is a It Company having its office at Chennai, "A" was appointed as I.T. Head at lonavala and later he was relocated to chennai, he resigned from the company without serving 3 months notice, company claimed and send notice for 3 months salary in lieu of 3 months notice. later i came to know that he send his resignation through email, at the time of his resignation he was in chennai and send his resignation through email at lonavala.

1. whether sending resignation through email is valid, the company has not issued releiving letter to him

2. where to file a case against him in chennai or lonavala. what sought of action to be taken against him.

please suggest me.


Parthasarathi Loganathan (Expert) 16 December 2010
1. Yes resignation sent through email is absolutely valid.

2. Your friend need to first represent the matter in writing to his employer and seek their reply/decision before proceeding legal action.
s.subramanian (Expert) 16 December 2010
yes.i agree.
SANJAY GUPTA (Expert) 16 December 2010
I also agree
Advocate Bhartesh goyal (Expert) 16 December 2010
Mr.Parthsarthi Lognathan is right.
malipeddi jaggarao (Expert) 17 December 2010
Mr.Nilesh Mishra, your query is how to take action against the employee who sent his resignation through email. Mr.Loganathan and other experts advised you how to take action against the company wherein the employee worked.

If the resignation is received even through email giving notice of 3 months, there is no claim for the company against the employee.
Advocate. Arunagiri (Expert) 17 December 2010
Sending resignation notice by email is valid.

But, if your not serving 3 months notice (if required as per the agreement), the company is having right to claim salary in lieu of notice period.
Devajyoti Barman (Expert) 18 December 2010
yes


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