TERMINATION AFTER SUBMISSION OF RESIGNATION

sensibly no.

If the employee has the acknowledgment of submission of resignation employee can contest.

Before Dismissal order/termination show cause notie should be supplied.

Dismissal/termination order should be elaborate on cause.

Mr. Avinash

Resignation and Dismissal/removal from serivce both have differnet bearance on one's service. 

if the employee is govt. then order of dimisssal  may affect his whole career.

in Govt. setup Resignation of employee is accepted after due compliance of essential formalities

Generally  termination from serivce on account of dismissal/removal if justified is allowed before acceptance of the resignation.  

A resignation does not take effect unless, it accepted. if the resignation is not acceped by the employer and subsequently, the services of an employee are terminated either on account of misconduct or otherwise, the termination will prevail over the resignation.

Dear All,

I am working with a MNC in bangalore. Recently i resigned from my post (probation period) and set a e-mail for the same to my manager. i have sent a resignation mail because of unfair work conditions. 

But now my manager has raised the exit flow citing performance issue (citing i have not contributed any work for the company) as a reason for my exit. I have been threatened by him to destroy my career by not giving me proper relieving letter. When i talk to HR contact person he says other way of the story . He says he will make sure to relieve properly (but he is laying). What should i do in this case ? should i contact the higher HR authority ? I have not done any gross misconduct in the company except i have taken some leaves (with approval from the manager).

Can a employer terminate his employee during notice period after accepting the resignation

Once the resignation has been accepted then on what grounds employer has terminated?

Pls correct me if the understanding is wrong.

1. Employer can't terminate if employe is resigned and serving the notice period.

Because I could agree with Mr. Kumar but at the same time Mr. Kirti has "Acceptance letter" clause.

What if a employee,

1. Resigned.

2. Serving the notice period.

3. Got the confirmation of last working day

4. No acceptance letter yet because it will be given only after the last day.

5. Some rubbish enquiry is in progress. Enquiry started only after the resignation.

Can  a employer still terminate?

Can a employer just natach the bread and butter of a common employee like this?

Appreciate your view on this.

Thanks.

The employees has severed the employer-employer relationship the moment employer has resigned. During notice period the relationship exists. If the inquiry is initiated after notice of resignation then Show Cause notice should have been issued and employer must have replied to charge sheet. If the inquiry is sham and proved as sham, employees can press for damages. The employee should consult an able counsel.

Thanks for the kind response Mr. Kumar. In this case no showcause been initiated.

So again my question is,

can they terminate? If they then is it right? then what would be the next step?

Thanks.

@Citizen,

What is the opinion of your own counsel?

The posts in the threads are first hand impressions.

Who will stop company to terminate? Company can terminate. Termination can be contested. If order of termination is proved as bad it can be set aside.

If company is threatening to terminate then your counsel may opine to approach appropriate forum beforehand as well.

Dear Sir

I am working in Private Life Insurance company in Kolhapur for 4yrs 9 months. I have resigned my job on 25th April 2016 and served notice period till 16th May 2016. I have shared my personal policy details data to my personal email id so company sent me show cause notice regarding email sent to personal mail.

     I have already given explanation regarding the mail but still the issue was not resolved. And they revoked my system and asked to mark attendence until the decision from Governance team.

Pls suggest me what can i do now. 

Regards

Ahmad D Mulla

Kolhapur