Is It Legal to Reject an Employee's Resignation and Opt for Termination Instead?

Seniors, good evening.

If an employee resigns, is it legal to cancel or reject his resignation and give a termination?

Regards

You need to give more details about the circumstance that leads to termination. If an employee commits grave misconduct and resigns from the job before receiving a charge sheet, the management cannot accept the resignation. They can return the resignation letter with a note mentioning the misconduct and proposing to conduct a domestic inquiry on the charges made against the employee. Cancellation of the resignation letter is not an option for the employer, but the employee can cancel or withdraw their letter.

Kumaracme,

Your point above is indeed valid. Here, it apparently looks like management wants to terminate and not accept a voluntary resignation. It could be a disciplinary problem, or equally, it could be rigid management taking misplaced action against an employee. Some employers place hurdles when an employee wants to leave. More details are needed to comment.

As mentioned by the above forum members, the cancellation of resignation can happen on a case-by-case basis. If the employee realizes the misconduct done to the employers and voluntarily resigns, then the employer can cancel the resignation and conduct a domestic inquiry, leading to termination. Similarly, some employers may harass employees by creating hurdles in their careers, resulting in the employer canceling the resignation and terminating the employee with some reason. To provide a proper reply, you are requested to kindly share the entire episode wherein the employee resigned, the duration of employment, and the current workplace of the employee to offer a better understanding of the situation.

Background about this query is not made available. However, an employee has the right to resign at his/her own will. If the termination is handed down instead, it's a matter of dispute. You have not revealed the reason given for rejecting the resignation. Is there any inquiry pending against this employee? Possibly, they might use this as leverage.

Is this a case study, Pratibha?