From "Pratibha.H" : Seniors, good evening. If an employee resigns.is it legal to cancel or reject his resignation n give a termination ? Regards
10th July 2015 From India, undefined

kumaracme 173
You need to give more details about the circumstance which leads to termination. if an employee does grave misconduct and resigns the job before receiving chargesheet, the management cannot accept his resignation and can return (cancellation of resignation letter is not an option of employer but an employee can cancel/withdraw his letter) his letter with a note mentioning about the misconduct and proposal to conduct domestic enquiry on the charges made on the employee.
11th July 2015 From India, New Delhi
nathrao 1412
Kumaracme,
Your point above is indeed valid.
Here it apparently looks like management wants to terminate and not accept a voluntary resignation.
It could be a disciplinary problem or equally it could be rigid management taking misplaced action against an employee.
Some employers place hurdles when an employee wants to leave.
More details are needed to comment.
11th July 2015 From India, Pune
fc.vadodara@nidrahotels.com 662
As mentioned by above forum members, cancellation of resignation can happen on case to case basis. If the employee realize the misconduct done to the employers and voluntarily resigns, then the employer can cancel the resignation and can conduct domestic enquiry and can terminate. Similarly some employer can harass the employee by creating hurdles in the employees career wherein the employer cancel the resignation and terminate with some reason. To give a proper reply you are requested to kindly let the forum know the entire episode wherein the employee resigned, the period of employment where the employee presently works etc., to give a better view on the said subject.
11th July 2015 From India, Ahmadabad
loginmiraclelogistics 541
Background about this query is not made available. However an employee has the right to resign at his/her own will. And, if the termination is handed down instead, it's a matter of dispute. And you have not revealed what is the reason given for rejecting the resignation. Is there any Inquiry pending against this employee ? Possibly they might use this weapon.
Is this a case study Pratibha ?
14th July 2015 From India, Bangalore
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