An employee who is already serving a notice period of 30 days after acceptance of his/her resignation, is found to have involved in a case of corruption or illegal gratification during a period prior to the date of resignation offer. Now can I initiate a termination procedure by issuing a short-period show cause (7 days or so) and ordering an inquiry ? What are the legal implications ? Can I extend his resignation date until inquiry completed ? Will the person be under suspension beyond the originally proposed resignation date ? Does the employer have to pay him/her regular salary during the excess retention period ?
From India, Bengaluru
Termination can be done by adopting natural justice if one is involved in any misconduct. The employer has to investigate and set up an inquiry over the misconduct.
From India, Mumbai
Dear Colleague,

You may consider following actions:

1. Withdraw the resignation acceptance letter forthwith.

2 . Simultaneously, issue the chargesheet cum enquiry letter. The chargesheet should contain factual details of charges about corruption/ illegal gratification.
(Date, time , amount , names of persons involved etc in the incident).Give him an opportunity to submit written explanation within 48 hours. Include date, time and name of the enquiry officer in this letter.

3 Issue order of suspension pending enquiry. You have to pay him 50% of salary last drawn till the completion of the enquiry. Finish the enquiry in three months.

4 If the charges are proved , take appropriate disciplinary action.

5 Consult a good labour lawyer at every stage of this action and decide.

Regards,

Vinayak Nagarkar
HR and Employee Relations Consultant

From India, Mumbai
Dear friend,

I think that the entire set of your questions springs from your premise that the acceptance of resignation by the employer and the serving of the notice period by the employee would stand in the way of employer's right to assume disciplinary control over the prospective resignee. No, it is not.

Notice period is the phase between the acceptance of a resignation effective from a future date and the actual relieving of the employee from the service. Therefore, all rules of discipline and the Code of conduct apply without any change or modification to the employee serving his notice period too. You should remember that the employer has the power to cancel the resignation acceptance order already issued the moment any act of misconduct subservient to discipline alleged to have committed by the employee whether before or after acceptance of his resignation comes to his knowledge and initiate appropriate disciplinary action which may end up in dismissal also.

From India, Salem
During the course of his notice period if employee have done any serious misconduct or in any pending departmental enquiry if the employee found guilty, in such cases, employer have right to terminate employee service after following due process of employment law or as defined under employee contract agreement.

If you feel, there may be possiblity to challenge the termination by the defendant; you are hereby advised that, before initiating action obtain openion from your labour advocate/ IR consultant.

From India, Mumbai

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