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PBS KUMAR (HR - PROFESSIONAL)     28 June 2012

Termination vs resignation

Dear Experts,

One of our employee terminated from service (after all the enquiry findings), he has accepted his resignation letter simaltaniously he Resigned the job soon after receiving the letter. Wheather we consider it or not ?

Regards,

PBS KUMAR



Learning

 3 Replies

Kumar Doab (FIN)     28 June 2012

Ideally as you have completed the enquiry you can terminate. Hope you have issued the show cause notice and granted opportunity and complied with the process of  natural justice.

Employee can contest the order of termination and an expert lawyer can fetch the relief to employee.

Resignation and termination both shall lead to separation.If you accept the resignation employee shall remain employable.However you may obtain admission and complete your file.There are good number of people who reform.Hence you may grant the opportunity.

Vijayanthi (CSO)     29 June 2012

Hi Team,

I left my previous concern without serving 30days notice period.

Actualy my last in that concen was in the month of April 2010.

But i resigned in the month of July 2010.

I paid tthe amount in lieu thereof.

My full & final settlement is done & i have received the PF amount , but not got the Experience letter or Relieving letter.

Pls help how to proceed to get Experience letter and  Relieving letter.

Anjuru Chandra Sekhar (Advocate )     29 June 2012

he has accepted his resignation letter

 

means what?  Who is he to accept his own "resignation letter"?  Have you given to him any format of resignation letter?  Coming to your query -

 

If you have concluded the disciplinary proceedings, then you have to verify with the disciplinary authority of your organization what is the quantum of punishment awarded to the employee.  It can be 1. Compulsory retirement 2. Dismissal or any other form of retrenchment existing in your organization's service rule book.  It the quantum of punishment is dismissal which makes the employee forego any terminal benefits, and resignation does not entail foregoing of terminal benefits of employee, you would be technically wrong in accepting the resignation letter. 

 

If yours is a Banana Company (as in Banana republic :)) without any Service regulations, Conduct rules it means there won't be any difference between removal by company / resignation by employee.  If you have been submitting any statutory compliances under Industrial Employment Standing Orders Act, then be in the know about the Service regulations of your company and follow as it is said in the above (first paragraph).


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