Dinesh Divekar
Business Mentor, Consultant And Trainer
Natraj@sakthimanagement.com
Head - Outsourcing
Nvraovskp
General Manager-hr
Adv. Manoj Liyonzon
Advocate, Chennai
Sourabh77
Sr Hr Professional
Debapriya_jsr
Hr Generalist
+1 Other

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Hi,
We have given a show cause notice to an employee and now the employee wants to resign.
What can we do to stop him from leaving the company ? He is also not ready to serve notice period instead is ready to pay the notice amount.
Is there anything we can do to stop him.
Is there any law that stops employee to resign after receiving a show cause notice ?
Thanks
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Dear Sathish,

Pending reply to the show cause notice, you can put on hold the resignation. Letter of resignation is no substitute for the reply to the show cause notice. Both are unconnected. Nevertheless, reply to the employee that his letter of resignation has been put on hold till the completion of proceedings of disciplinary action. Possibly he wanted to evade disciplinary action by putting up letter of resignation. Nevertheless, he must attend his duties per force till the completion of disciplinary action.

If the reply to the show cause notice is not satisfactory or if no reply is received, then you may award him suitable punishment as deemed fit.

By the way what was the misconduct? Was he involved in fraud of any kind? Does the situation merit conducting domestic enquiry? As an interim measure, tell the employee to deposit company property if it is allotted to him.

Complete the entire process by this month end. In case if you need to forfeit his wages, it should be possible to do from this month's salary.

For info.

Dinesh Divekar


Thanks a lot Dinesh.
The employee has submitted the notice reply saying he has not committed any wrong doings.
We too dont have any concrete proof that he has done something wrong.
How long can we hold him by saying that we will not accept the resignation letter.
By law, I think any person can resign any organization whenever he wants.
Dear Mr. Sathish,
You have not mentioned the reason to issue a shoe cause as requested by Mr. Divekar, and you yourself stated in above post that there is no concrete proof of any wrong doings, then, may we know Why this was issued to the concerned employee in first place?
Legally you can not hold any employee, unless you have proof of wrong doing or was involved in deliberate, intentional intent to cause loss/damage to the company property or harm to personnel or involvement in anti-social, anti-national activities, in that case the employee is terminated and proper authorities are notified for further proceedings.
The only way, if you really want the employee to stay back and he is productive enough and worth the effort, is reconciliation by dialogue. In that case, he will have to again write a followup email withdrawing the resignation.
Take him into confidence, speak with him and clear the doubts and misunderstanding.
Good luck.
Regards,
Sourabh
Thanks a lot Sourabh.
To elaborate, here is the story. There were 3 people who had done something and the company had to loose money. 1 had already resigned and left the organisation. When we called them and asked about the matter other 2 said that the one who had left must have done something wrong and they were clean. But we suspected that 1 person alone cant do it, so we issued a notice to all 3. We have got the response from 2 of them who are still with us in the company. And now the 2 people want to leave the organization. We are really short of employees and dont want to loose them.
Can a notice be issued on any person only when we have concrete proof of wrong doing ?
Of-course yes Sathish.

When you are issuing a Show Cause notice, that means you have enough evidence to backup any alleged misconduct, otherwise, why the notice in black and white, defeats the purpose.

My suggestion would be, to call them at your office place or if they are not comfortable, take them out to lunch/dinner, sit with them and persuade them to rejoin their duties.

Tell them, that the show cause is just a formality and the management was trying to get the truth to device a way so that this kind of things should not happen in future again and they should write what they have told you, end of issue.

You will have to be very patient in hearing out their grievances and to persuade them to stay with the company, be prepared, you will have to sooth them and probably.

Hope they have nothing negative on their past performance in their employee records.This notice and their subsequent responses may or may not be included in their file based upon the management decision of the outcome and the mutually beneficial financial and trust factors.

If you have no evidence or proof, then the matter should have been dealt with verbally in office via one-o-one meeting.

Even if the said employee(s) are involved, and they know that there is no proof or evidence and no one witnessed their act, then they will simply shrug off any such allegations.

Regards
Sathish
An employee can submit resignation letter at any point of time, irrespective of being under any investigation. Its your duty to reciprocate the resignation letter. If you would like to decide his resignation after conclusion of show cause inquiry, simply reply the same. Conduct inquiry asap. If found guilty, adjudicate him. if found innocent, then request him to continue or relieve him providing notice period.
Dear All
If we want to take any disciplinary action against any employee who has submitted his resignation, we will have to keep him under suspension - otherwise he will not have any employee status and will go out of the employment on the expiry of notice period, in which case we cannot take any action against him.
Regards
N Nataraajhan, Sakthi Management Services (HP : +91 94835 17402 ; e-mail : )
Dear Mr. Nataraajhan,
Thank you for sharing this valuable information. I would also like to know its legal implications in case an employer suspends an employee "after" the employee had submitted resignation, will it stand in a court of law? Won't it be wrongful to intentionally and deliberately hold an employee against his will to work with the respective employer/organization? Legally we are denying his constitutional right to find employment, would like to see some clarification on this.
Regards,
Sourabh
Dear Mr Sourabh
Suspension is only to have the employee on your rolls in case if you want to take serious disciplinary action for the misconduct. Long back, Madras High Court gave a verdict in which the Court had held that an employee after his leaving the services cannot be given any punishment (Judgement copy not readily available - but it relates to an employee of M/s Mettur Spg Mills). You may take decision after taking into consideration of all relevant factors.
Regards
N Nataraajhan, Sakthi Management Services (HP : + 91 94835 17402 ; e-mail : )
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