Hi Friend Pls anybody tel me if resignation though Email is accepted in the eye of law and can we accept it??? Regards Anupam
From India, Calcutta
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10From India, Calcutta
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ya u can accept that if that is sent by official mail or personal mail ashish delhi 7838606486
From India, New Delhi
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From India, New Delhi
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Hi Anupam,
Yes, the resignation sent through email is valid.
A resignation is an official document that an employee has to submit to an organization announcing his decision to leave the company. Usually, a resignation is given in a written format, after which you serve the notice period as set under the company's rules. However, it is not always necessary to hand over a hard copy of your resignation letter to your supervisor; you can also opt for a resignation email. It is always better to inform your supervisor beforehand in person or on the phone that you are leaving the organization for better prospects or for personal reasons.
Nevertheless, there are not many differences between a resignation letter and a resignation email. Though the medium through which they are sent is different, the way both have to be written and formatted remains the same. Follow up with the HR department for acceptance and ensure a timely F&F statement is prepared.
As per my knowledge, the Hon'ble SC has held several judgments that all email communications shall be valid in nature under the IT Act and the use of email is a valid correspondence and has the sanctity of law and amendment to the Civil Procedure Code to accept email correspondence as evidence.
However, a problem may arise in case of legal complications if the company does not accept your resignation or does not relieve you. You may not be able to prove that your company has indeed received your resignation sent by email. To avoid creating such proof, you should:
- Receive a reply email acknowledging receipt of your resignation email; or
- Obtain such acknowledgment from your company on a hard copy of your email.
If both the above do not work, you should, after informing your company verbally, send a copy of your email resignation by post.
Best Regards,
Rajat Joshi
From India, Pune
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Yes, the resignation sent through email is valid.
A resignation is an official document that an employee has to submit to an organization announcing his decision to leave the company. Usually, a resignation is given in a written format, after which you serve the notice period as set under the company's rules. However, it is not always necessary to hand over a hard copy of your resignation letter to your supervisor; you can also opt for a resignation email. It is always better to inform your supervisor beforehand in person or on the phone that you are leaving the organization for better prospects or for personal reasons.
Nevertheless, there are not many differences between a resignation letter and a resignation email. Though the medium through which they are sent is different, the way both have to be written and formatted remains the same. Follow up with the HR department for acceptance and ensure a timely F&F statement is prepared.
As per my knowledge, the Hon'ble SC has held several judgments that all email communications shall be valid in nature under the IT Act and the use of email is a valid correspondence and has the sanctity of law and amendment to the Civil Procedure Code to accept email correspondence as evidence.
However, a problem may arise in case of legal complications if the company does not accept your resignation or does not relieve you. You may not be able to prove that your company has indeed received your resignation sent by email. To avoid creating such proof, you should:
- Receive a reply email acknowledging receipt of your resignation email; or
- Obtain such acknowledgment from your company on a hard copy of your email.
If both the above do not work, you should, after informing your company verbally, send a copy of your email resignation by post.
Best Regards,
Rajat Joshi
From India, Pune
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Hai Anupama I go with Joshi. The Supreme court has made it clear that the emails are admissable in law. The Resignation sent through email is admissable and acceptable. Regards shettar
From India, Bangalore
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From India, Bangalore
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Hi Anupam,
I completely agree with Rajat. Yes, email resignation is valid (it can be sent by official ID or personal ID). However, it is to be sent as per the notice period of the company's rule.
Thanks & Regards, Sonali
From India, Pune
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I completely agree with Rajat. Yes, email resignation is valid (it can be sent by official ID or personal ID). However, it is to be sent as per the notice period of the company's rule.
Thanks & Regards, Sonali
From India, Pune
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Thanks Mr.Rajat, We also received some resignation letter through E.Mail in our organisation we have accepted the same and asked the said employee to send hard copy also. regards. Vijay
From India, Madras
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From India, Madras
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Dear Anupam,
Resignation by mail is acceptable by most companies depending on their code of conduct for employees and the contract agreement between the employee and the employer at the time of appointment itself.
Further, considering the risk of someone misusing another person's PC system or hacking passwords, it is advisable for the Resignation Approving Authority to request an individually signed hard copy of the resignation from the individual in question (and to remain firm in this request).
The person submitting the resignation must include the following lines strictly in their resignation email: "The hard copy of my resignation, duly signed by me, shall be submitted to you, sir" (or by post if applicable).
This practice not only protects the best interests of the organization but also safeguards the affected employee.
Best Regards,
Prashant L Parab
From India, Mumbai
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Resignation by mail is acceptable by most companies depending on their code of conduct for employees and the contract agreement between the employee and the employer at the time of appointment itself.
Further, considering the risk of someone misusing another person's PC system or hacking passwords, it is advisable for the Resignation Approving Authority to request an individually signed hard copy of the resignation from the individual in question (and to remain firm in this request).
The person submitting the resignation must include the following lines strictly in their resignation email: "The hard copy of my resignation, duly signed by me, shall be submitted to you, sir" (or by post if applicable).
This practice not only protects the best interests of the organization but also safeguards the affected employee.
Best Regards,
Prashant L Parab
From India, Mumbai
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Hi Yes. I agree with our seniors. Resignation is being accetped which is sent thro mail. regds jmraju
From India, Bangalore
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From India, Bangalore
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to add more interest to this topic, I have one more quire that need to be discussed Resignation though SMS is accepted in the eye of law and can we accept it???
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Dear all,
Warm greetings from Kathmandu,
Resignation by email is acceptable in most companies, depending on their size, investment structure, benefits, and code of conduct for employees, as well as the contract agreement between the employee and the employer at the time of the offer itself.
I am heartily requesting all of you, if there are any updates, please send them to pl.dhakal at gmail......
Warm regards,
PL Dhakal
Kathmandu, Nepal
From Nepal
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Warm greetings from Kathmandu,
Resignation by email is acceptable in most companies, depending on their size, investment structure, benefits, and code of conduct for employees, as well as the contract agreement between the employee and the employer at the time of the offer itself.
I am heartily requesting all of you, if there are any updates, please send them to pl.dhakal at gmail......
Warm regards,
PL Dhakal
Kathmandu, Nepal
From Nepal
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Hi Anupam, Insist for a hard copy. Alternatively, issue a hard copy of the resignation acceptance to the individual, regards
From India, Mumbai
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From India, Mumbai
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Dear,
The evidence is accepted if it is in compliance with Section 65(B) of the Indian Evidence Act, 1872. Section 65(B) of the Indian Evidence Act, 1872 is as follows:
Section 65(B). Admissibility Of Electronic Records-
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall also be deemed a document if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in Sub-section (1) in respect to the computer output shall be as follows:
(a) the computer output containing the information was produced by a computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer.
(b) during the said period, the information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities.
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation for that part of the period, was not such to affect the electronic record or the accuracy of its contents.
(d) The information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of said activities.
(3) Where over any period, the function of storing and processing information for the purposes of any activities regularly carried on over that period as mentioned in Clause (a) of Sub-section (2) was regularly performed by the computers, whether:
(a) by a combination of computers operating over that period, or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period of time; or
(d) in any other manner involving successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purpose of this section as constituting a single computer Page 3097, and any reference in the section to a computer shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say:
a) identifying the electronic record containing the statement and describing the manner in which it was produced;
b) giving such particulars of such a device involved in the production of the electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer.
c) Dealing with any of the matters to which the conditions mentioned in Sub-section (2) relate,
and purporting to be signed by the person occupying a responsible official position in relation to the operation of the relevant device or management of relevant activities (whichever is appropriate), shall be evidence of any matters stated in the certificate; and for the purpose of this section, it shall be sufficient for a matter to be stated to the best of knowledge or best belief of the person stating it.
(5) For the purpose of this section:
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly (with or without human intervention) by means of any appropriate equipment.
(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purpose of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to the computer in the course of those activities.
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation - For the purpose of this section, any references to information being derived from another information shall be a reference to its being derived therefrom by calculation, comparison, or any other process.
Sometimes when disputes arise on whether the Employer received Resignation, it is always better to send the hard Copy [signed] by Courier/Speed Post with POD.
Rajan Associates
From India, Bangalore
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The evidence is accepted if it is in compliance with Section 65(B) of the Indian Evidence Act, 1872. Section 65(B) of the Indian Evidence Act, 1872 is as follows:
Section 65(B). Admissibility Of Electronic Records-
(1) Notwithstanding anything contained in this Act, any information contained in an electronic record which is printed on paper, stored, recorded, or copied in optical or magnetic media produced by a computer (hereinafter referred to as the computer output) shall also be deemed a document if the conditions mentioned in this section are satisfied in relation to the information and computer in question and shall be admissible in any proceedings, without further proof or production of the original, as evidence of any contents of the original or any fact stated therein of which direct evidence would be admissible.
(2) The conditions referred to in Sub-section (1) in respect to the computer output shall be as follows:
(a) the computer output containing the information was produced by a computer during the period over which the computer was used regularly to store or process information for the purposes of any activities regularly carried on over that period by the person having lawful control over the use of the computer.
(b) during the said period, the information of the kind contained in the electronic record or of the kind from which the information so contained is derived was regularly fed into the computer in the ordinary course of the said activities.
(c) throughout the material part of the said period, the computer was operating properly or, if not, then in respect of any period in which it was not operating properly or was out of operation for that part of the period, was not such to affect the electronic record or the accuracy of its contents.
(d) The information contained in the electronic record reproduces or is derived from such information fed into the computer in the ordinary course of said activities.
(3) Where over any period, the function of storing and processing information for the purposes of any activities regularly carried on over that period as mentioned in Clause (a) of Sub-section (2) was regularly performed by the computers, whether:
(a) by a combination of computers operating over that period, or
(b) by different computers operating in succession over that period; or
(c) by different combinations of computers operating in succession over that period of time; or
(d) in any other manner involving successive operation over that period, in whatever order, of one or more computers and one or more combinations of computers,
all the computers used for that purpose during that period shall be treated for the purpose of this section as constituting a single computer Page 3097, and any reference in the section to a computer shall be construed accordingly.
(4) In any proceeding where it is desired to give a statement in evidence by virtue of this section, a certificate doing any of the following things, that is to say:
a) identifying the electronic record containing the statement and describing the manner in which it was produced;
b) giving such particulars of such a device involved in the production of the electronic record as may be appropriate for the purpose of showing that the electronic record was produced by a computer.
c) Dealing with any of the matters to which the conditions mentioned in Sub-section (2) relate,
and purporting to be signed by the person occupying a responsible official position in relation to the operation of the relevant device or management of relevant activities (whichever is appropriate), shall be evidence of any matters stated in the certificate; and for the purpose of this section, it shall be sufficient for a matter to be stated to the best of knowledge or best belief of the person stating it.
(5) For the purpose of this section:
(a) information shall be taken to be supplied to a computer if it is supplied thereto in any appropriate form and whether it is so supplied directly (with or without human intervention) by means of any appropriate equipment.
(b) whether in the course of activities carried on by any official information is supplied with a view to its being stored or processed for the purpose of those activities by a computer operated otherwise than in the course of those activities, that information, if duly supplied to that computer, shall be taken to be supplied to the computer in the course of those activities.
(c) a computer output shall be taken to have been produced by a computer whether it was produced by it directly or (with or without human intervention) by means of any appropriate equipment.
Explanation - For the purpose of this section, any references to information being derived from another information shall be a reference to its being derived therefrom by calculation, comparison, or any other process.
Sometimes when disputes arise on whether the Employer received Resignation, it is always better to send the hard Copy [signed] by Courier/Speed Post with POD.
Rajan Associates
From India, Bangalore
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I agree with Shri. Prashant Parab that it depends upon the company's Code of Conduct and Contract of Employment. In Labour Law, such amendments are not yet found. This trend may apply to the IT industry, but other industries are not following suit.
Shrikant
9423376641
From India, Pune
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Shrikant
9423376641
From India, Pune
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Legal Clarification on Revocation of Resignation & Severance Dues.pdf
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