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Reject resignation for disciplinary investigation
09-Jan-2023 (In Labour & Service Law)
Hi Sir, I am from the HR team of a financial bank. I have few questions regarding resignation during disciplinary procedure. One of our employee has provided formal resignation via email on 16 th Nov 2016 giving with 2 months notice period, as per the company policy. But the organisation has not yet approved his resignation. In the mean time organisation has decided to suspend the employee ,on full pay, for some disciplinary procedure from 28 th Nov 2016( 2 weeks later the resignation submitted) for an pending investigation. We are yet to complete the investigation for the employee. 1. Can we cancel the resignation request sent by the employee which was 2 weeks prior to the disciplinary investigation? 2. What if the investigation doesn't get completed within the due notice period of the employee? 3. Can company continue with the disciplinary proceedings after the last working day for notice period of the employee?
Yes, company can continue the proceedings after completion of his notice period and hold the legal dues of him and face investigation and get your legal dues , and after submitted his resignation, company has to give notice stating that investigation proceedings are going on , your resignation will be binding on investigation report.
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Adv. Sharanagouda S. Patil
Bangalore | 200+ Answers
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The rules and regulations within the bank regarding accepting resignation letters needs to be looked into. If resignation of employee has to be made in a particular format and also approved by the board/ supervisor, then this procedure will prevail and his email resignation may not be valid. It is not possible to cancel the resignation request, but you may reject it and must give reasons. For the investigation being conducted, the disciplinary rules of the Bank need to be looked into to determine if any time period is set. The disciplinary proceedings should ideally not continue after the last working day, so better to conclude it as soon as possible as he may not be able to work elsewhere and if he files a case, then the Bank would come across as harassing a former employee.
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