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vpriya (HR)     09 December 2009



Is it possible to terminate an empaloyee who has already sent a resignation but failed to serve notice period. What are the steps to be followed in such cases.. please advice..


 5 Replies

V. VASUDEVAN (LEGAL COUNSEL)     09 December 2009

 I don't see any reason or need for termination of an employee who has already resigned. Please check that the resignation is addressed and written properly to the concerned Manager/HOD and send a reply requiring him to serve the notice period. Otherwise, the notice period wages should be adjusted in the full and final settlement.


Theja (Lawyer)     09 December 2009

I agree with Vasudevan. From the facts provided by you I dont see any valid reason for terminating the services of the employee who has already submitted his resignation.


Also please refer if he has deifined his resignation as an immediate resignation or a resignation upon notice period. Pleas refer for the effective date.

N.K.Assumi (Advocate)     09 December 2009

This topic should be kept for few days at the top of the forum for thread bear discussions by all.

N.K.Assumi (Advocate)     09 December 2009

Sorry that was a mistake.

Daksh (Student)     09 December 2009

Dear Vpriya,

The answer is in affirmative as you may refuse to accept the resignation letter of the employee and instead terminate him on one ground or other.

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