Labour Law & Hr Consultant
Nagarkar Vinayak L
Hr And Employee Relations Consultant

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I am facing disciplinary action for doing the work beyond my authority. HR has suspended me and later issued a charge sheet to be present for hearing. They stated in charge sheet that your act will lead to immediate termination once proved. Can I resign with immediate effect on the day of hearing to save me from termination. Will employer accept resignation or go for termination. If terminated will it affect future employment as I have another job offer in hand. Please help immediately as I have only 1 day.
It is discernible from the post that the poster had consciously acted beyond his authority for reasons best known to himself and only as a measure of face-saving he intends to resign. No employer would normally entertain the resignation of an employee facing disciplinary action. If the employer rejects his resignation on the ground of pending charges, proceeds with the disciplinary action and terminates him, certainly it would be stigmatic and affect the poster's future employment elsewhere. All depend on the gravity of the misconduct, its impact on the organization and the particular employer's attitude. If the employer takes a lenient view, who knows, he may drop the entire disciplinary action and accept the poster's resignation.Better, the poster may seek an audience with the C.E.O,admit his guilt unconditionally and politely convince him to accept his resignation and make his exit peaceful.
Dear Colleague,
To convey in the chargesheet the punishment of termination even before the enquiry held and the charges are proved, shows the enquiry is a mere empty formality and very likely going to be vitiated.
To mention the punishment in the chargesheet itself is a gross error and can go against the management.
Besides the punishment meted out if and when the charges are proved , has to be proportionate with the gravity of the misconduct.
If your past service record is clean and the charges you are facing are likely to be considered not grave or if the management may later take lenient view, in my opinion , you should contest and face the enquiry.
Depending on how the enquiry is progressing and if you believe the things are going against you ( at every stage keep consulting some legal expert) at appropriate time , explore resigning instead of doing it now.
There is many a distance between a cup and lip and any hasty decision may be premature. I am saying this because there is quite some time to go for the domestic enquiry to complete and it's outcome to know and perhaps some unseen circumstances may unfold in your favor.
Vinayak Nagarkar
HR and Employee Relations Consultant

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