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Dear All,
Please help me to clarify few things, if any employee give resignation on whats app or any social media.
1- Whether we should accept the resignation or not? if yes, then what would be the legal complications from employer's point of view?
2- What will happen in case of dispute with employee regarding his F&F?
3- Are these types of communications between employee & employer admissible in labor court etc.?
4- Is it right practice to do business communication with employees using social media platform in companies?
Regards
Abhishek
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Hi,
To the best of my knowledge, resignation through social apps /website is not acceptable. At the time of joining employer issues offer letter/appointment order to the candidate directly as a physical order in paper and not through social website.
If the employer accept such resignation then tomorrow there are possibilities of same employee approach Employer/HR and claims that using his App/social website somebody had submitted resignation without his consent /knowledge etc ?
So always it is advisable such communications has to be documented in paper (or) in worst case through email as word attachment, which itself most companies doesn't approve.
If any employee resigns through social media, employer can always send a official communication to employee referring the social media post and ask for explanation.
It will help the employer to make it official and use it letter as an evidence against any unforeseen event.
It will also help employee if someone has misused his social media details to generate this issue...
In matters not of serious issues there could be some flexible approach exercised by different administrators at their own discretion. However when disputes are dealt in quasi judicial & judicial forums & courts evidences in electronic forms are not admissible.
The Supreme Court in Anvar P.V. v P.K. Basheer, (2014 10 SCC 473) clarified the position. The Court held that for any electronic evidence to be admissible in its secondary form, it is necessary to meet the mandatory requirements of Section 65-B, which includes giving a certificate as per terms of Section 65-B (4), at the time of proving the record and not anytime later, failing which the electronic record will be considered inadmissible.
Pl.read the summary of judgments on the subject as attached.
However, quitting from social media such as Whatsapp/facebook etc. are different matter which goes by terms & conditions of service.

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File Type: docx Evidences in Electronic forms not acceptable in Courts.docx (15.1 KB, 12 views)
File Type: docx Evidences in Electronic forms not acceptable in Courts-1.docx (13.3 KB, 1 views)

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