My friend's employer accepted his resignation letter. However, during the last two days of his notice period, he was given a termination letter citing false misconduct charges without any proof. He is about to join another company within a week. Can he join that company by showing the resignation acceptance letter?
PLEASE REPLY ASAP.
From India, Kolkata
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PLEASE REPLY ASAP.
From India, Kolkata
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That's not fair. Please advise your friend to seek the exact reasons for his termination. Termination without specific reasons is illegal. Your friend could approach the Labour Office if it is not amicably settled.
Meanwhile, please explain the background of these issues to the new employer and join with them.
From India, Kochi
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8Meanwhile, please explain the background of these issues to the new employer and join with them.
From India, Kochi
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Termination Without Due Process
Since your friend has already submitted their resignation and it has been accepted, I presume they are serving the notice period. At this stage, terminating a service for any misconduct without a charge sheet or inquiry is vindictive, illegal, and an act of victimization. Even terminating an employee (considered a workman under the ID Act) on any charge without issuing a charge sheet and conducting a domestic inquiry is illegal.
You should protest in writing against the alleged letter of termination and also claim your compensation/full and final settlement after completing the notice period. If needed, contact a lawyer.
Regards,
[Username]
From India, Kolkata
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Since your friend has already submitted their resignation and it has been accepted, I presume they are serving the notice period. At this stage, terminating a service for any misconduct without a charge sheet or inquiry is vindictive, illegal, and an act of victimization. Even terminating an employee (considered a workman under the ID Act) on any charge without issuing a charge sheet and conducting a domestic inquiry is illegal.
You should protest in writing against the alleged letter of termination and also claim your compensation/full and final settlement after completing the notice period. If needed, contact a lawyer.
Regards,
[Username]
From India, Kolkata
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Please ask your friend to brief the new employer on the fact that they should never hide anything from the prospective employer. If your friend joins based on the acceptance of resignation and later the new employer requests the relieving and/or experience letter, what will be your friend's stance.
From India, Ahmadabad
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From India, Ahmadabad
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It is very important to understand why the company issued a termination letter when the resignation has already been accepted. What kind of false misconduct is being alleged? Try to understand carefully who has accepted the resignation letter and who issued the termination letter. He can join the company by showing the resignation acceptance letter. However, it is advisable to discuss the issue with the new company immediately and seek their opinion. If they agree, it will be smooth for him. Otherwise, he may encounter similar issues in the next organization too.
Regards,
PS
From India, Bangalore
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Regards,
PS
From India, Bangalore
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In normal conditions, termination is invalid if resignation notice has already been served by the employee. However, in case of a grave offense, the employer reserves the right to terminate the employee, but only after the conduct of a fair departmental/domestic inquiry.
From India, Delhi
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From India, Delhi
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How to Handle an Employee Resignation.doc
Employee Termination during covid 19.pdf