Resigning During Disciplinary Action: Can You Leave an MNC with Notice?

Resignation During Disciplinary Action

Can an employee who has been given a charge sheet resign with a notice period in an MNC? Will the company accept their resignation, or will they put a hold on it and continue with the disciplinary action process? What if the manager or team leader is okay with the employee leaving? Can someone please guide me on this issue?

Dear member,

The issue of the charge sheet to the employee and the employee's resignation are two independent things. The former is issued when the employee commits misconduct. The latter depends on the employee's wish. If he/she does not wish to continue the association with the company, then the company cannot stop him/her.

Nevertheless, much depends on the reply of the employee. If the employee's replies to the charge sheet are not satisfactory, then the company reserves the right to initiate disciplinary action. However, the question is whether the charge sheet was issued before conducting a domestic enquiry or after. If the misconduct is serious and if the situation merits conducting the domestic enquiry, then let the company order it and depending on the proceedings of the enquiry, a suitable punishment can be awarded.

What is the notice period for the separation? If it is 60 days, which in most companies it is, then the company has sufficient time to complete the entire process of discipline and it can be completed before the due date of exit of the employee.

Thanks,

Dinesh Divekar

Thank you for the reply, Dinesh Divekar Sir. The notice period is 30 days starting from 16th March 2024. Can you please let me know more of your valuable opinions?

And the charge sheet was issued after conducting a preliminary inquiry, sir. They called him and asked without any prior intimation of the charges.

Sir, it was stated as an administrative hearing in the mail. Does that mean it is a domestic enquiry, sir?