Hiteshhhh Kkkkumar 26 April 2018

Termination after resignation

termination after releaving acceptance is valid or not . Employee has unintentionally transferred some sensitive data of the bank to personal device . but he has surrender the whole data and already give to the source bank . But the Employer has denied to give the Releaving letter . Can they do this ?? Please Suggest.

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10 Replies

dinesh sharma (advocate) 26 April 2018

yes they can do this.....and it would be good if employee tender his legally draft resignation thru mail and as per the notice period in appointment letter he may allow employer to deduct one month salery.....the employee also did it before the employer be able to issue a charge sheet against him for set up domestic enquiry.

Hiteshhhh Kkkkumar 26 April 2018

But Employee has served 27 days notice period out of 30 days notice period same has been accepted by the employer. Even confirmation is provided by them on mail as well as manually .

dinesh sharma (advocate) 26 April 2018

for better advice you may share the resignation and the acceptance of employer to me

Mohd Shadab 26 April 2018

if someone tender its resignation before the issuance of the chargesheet will they accept it??

dinesh sharma (advocate) 26 April 2018

this depends on the gravity of misconduct....on behalf of employee if you under impression that you may be sacked may tender resignation on personal ground and served the same allowing deduction only of salery in lieu of notice period....otherwise face enquiry.

Hiteshhhh Kkkkumar 26 April 2018

in the letter the Employee has mentioned all the details about his last working day and same was acknowledged by his immediate supervisor. same he has done in electronic form in the portal of the organisation and that also acknowledge by the Immidate supervisor and the HR . later on organisation knows that the Employee had transferred customer n some official data during his notice period. Employee had given apologize for the unintentional done mistake and surrender the data . in such conditions is Employee eligible for the Releaving letter or not ???

dinesh sharma (advocate) 26 April 2018

He should not accept that....Now he himself close relief to himself...

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kameswarao S (Head HR) 27 April 2018

Its good that they terminated, in most of such cases they lodge a complaint with police and hand over to the police for further course of action. Should be very careful after submission of resignation and transfering the critical information which impacts business / organization is a crime.