During suspension period the suspended employee can give resignation or not?

Want to know during suspension period the suspended employee can give resignation or not??? what law says about this

There is no law prohibiting an employee under suspension from terminating the contract of service by submitting resignation since suspension does not end the contract of service.Since suspension pending an action into a misconduct, it all depends up on the facts and circumstances of each case and the negotiations whether the resignation will be accepted or not. Normally a resignation will not be accepted pending disciplinary action.
B.Saikumar
Mumbai

Dear Anonymous,
I agree with Saikumar ji. But I would add further to him that though normally a resignation will not be accepted pending disciplinary action as stated by him, you can accept it with undertaking / declaration from the employee that he is resigning on his own accord there is no issue or dispute between him and the company.
This decision can be taken by you after analyzing the gravity of misconduct and other circumstances.

It is depending upon the case...............
Suppose if his suspension under pending enquiry is because he has enjured worker(workers) and those workers are hospitalized in this case will you accept his resignation?
Suppose if his suspension under pending enquiry is because his heavy absenteeism now will you accept his resignation?
Everyone will say in first case you should not accept
in second case you may accept the resignation
so one should remember that the situation or the case decides whether to accept it or not.
My humble opinion is in both the cases you should not accept the resignation let the proceeding get completed & then take the decision.
Arun J.

The above opinion I given is to show management face strong ifront of workers. To put a benchmark amongst them.
Accepting resignation is a permanent closure of despute. If managements aim is only to remove that person then accepting resignation is good. But if management wants to put a bench mark then let the proceeding get completed.
Arun J.

I fully agree with the views expressed by the learned members.In addition, I'd like to submit something more to have a thorough understanding of the term 'suspension' from legal perspective relating to disciplinary proceedings in organisations.It is a powerful tool available in the hands of employers to discipline the erring employees at times without snapping the employment relationship.It is always prohibitive in nature as the suspended employee is debarred from holding his office or from discharging his duties as before for a specified period of time or till the completion of certain proceedings whether already started or likely to be at a future date; sometimes, it is punitive when awarded as a punishment.In the former, acceptance of the resignation of the employee is dependent on anyone or more of the following factors:(a) the gravity of the charge of misconduct (b)conditions precedent to resignation such as notice period,specific provision,if any regarding inclusion/exclusion of suspension period in notice period etc., (c) the discretion of the employer. In the latter, again it is the discretion of the employer --- if he is of the view that enough is enough, resignation may be accepted forthwith-- or after fully undergoing the punitive suspension.

The simple and straight answer to the querry is ....Yes, he can resign....... The Terms of employment and Industrial Employment Standing Orders Act do say it.

Dear All;

1. An employee is suspended pending enquiry means that employee has committed some wrong against some person or system or otherwise. By resigning that employee wants to avoid punishment for his wrong doing. In case of his resignation, the complainant has a veto. If the complainant agree then only suspended person can resign.

2. If without consulting complainant, the employer accepts the resignation then employer is doing a wrong in case of complainants. Employer will strain relations with the existing employees at the cost of suspended and resigned employee who will have nothing to do with the organisation, employer or employees.

3. Even when the suspended employee submits resignation, it is upto the employer to accept or reject resignation. Employer is not bound to accept resignation because employer has the alternative to terminate the employee which employer can use as an example for existing employees to show what happens when one misbehaves.

Vibhakar Ramtirthkar

SVR Associates

HR Consultant

Dear All,
Yes, technically, the person who is under suspension, can submit resignatiion.
Employeer may or may not accept the resignation.
Employer will tend to accept the resination in case, time and effort in DE are not coominsetate with likely penalty.
In case, of grave offence or ot give a signal to others, the employer may not accept as already pointed out by other members,the employer now has upper hand.
Regards,
Col.Rathi

On resignation, the management can withhold all the retirement benefits till it completion of the equiry and/or in certain cases it can stop payment of gratuity for certain misconduct - refer gratuity act