Resignation via Email: Is It Legally Valid and Are There Any Case Laws?

Dear Friends,

Can someone tell me what is the validity of a resignation sent by email by an employee to his HOD/HR Dept? Is there any case law? Please guide.

Regards,

Hi,

This is a very good question you have asked. As of now, yes, there are people who resign or send in their resignation through mail to the HOD. But as far as the legality is concerned, it is always better to make a hard copy immediately and file the same in the respective employee's personal file. Secondly, if the employee is still around (serving his notice period), then to be on the safer side, it is better that he/she sign the printout.

This is my personal opinion. Otherwise, even if an employee types the letter and signs the printout of the resignation, it is valid and binding. Hope this helps you out and solves your query.

Regards,
Sadashiv 8)

Hi,

Resignation can be accepted by electronic means provided the IT policy supports the audit of the transaction. This points to:
a. The IT policy for an audit trail for e-mail.
b. The audit trail feature provided in your HR software.

Robust HR software like Adrenalin does ensure that an audit trail is maintained for all transactions and thus makes any HR electronic transaction legal.

Cheers,
Sankalp Patnaik

Hi,

Just another point to add to what managehr and Sadashiv had offered:

Be sure to respond to the resignation by (a) the same means it arrived (if electronically) and/or (b) follow up with a regular "snail mail" to prevent any misunderstandings.

No document is authentic unless signed by the author. This is the normal rule. Since "resignation" is concerned with the contract of employment between the employer and the employee, it is proper and not merely "safe" to have a signed "resignation letter", especially when there are times when employees have denied their own signatures and have alleged "duress" and "force" as the cause of resignation. It is advisable to insist upon a written and signed resignation.

Since it is a matter connected with the contract of employment, it is entirely possible, though not advisable, to make a stipulation in the contract of employment to the effect that the resignations received through email will be treated as authentically owned by the named sender. In such a case of prior awareness of the possibility of resignation forwarded through email being accepted, it is fine to receive/accept resignation through email.

To my mind, there is no case law on the exact point, but on the subject of resignations alleged to have been obtained under duress or force, there is case law. It is, however, extremely difficult to prove duress, force, or compulsion.

Regards,

Samvedan

December 13, 2005

Dear All,

I have some differences of opinion, which may be debatable. If a resignation is sent through email and the email ID is allotted by the organization (like Lotus Notes or the company's internal communication system), then it should be treated as authentic, and there is no need for a signature. If not, then one can ask for a signed hard copy or scanned copy from the individual. This is because the individual may challenge their own resignation letter in the future by claiming that it was not sent from their ID.

I have not yet read any case law regarding this matter. Since I am working abroad, we may encounter such resignations from expatriates. Therefore, in my organization, we insist on receiving a hard copy of the resignation.

Regards,
Abhay

I would agree with Samvedan that a signed copy is required if the employer wishes to be able to withstand legal or industrial scrutiny.

I am also aware that electronic evidence of identity and authorship is accepted in other areas (such as inappropriate internet or email under an individual's login identity). However, in the latter case, this is about the internal management and decision-making processes of an organization. If contested in court, this electronic evidence may not be found sufficient to uphold the employer's viewpoint.

A signed paper copy is the way to go.

I have a question regarding a resignation letter. Suppose an employee writes a resignation letter on their own but doesn't sign it (only writes their name), will the resignation letter be valid?