Dear Sir,
Domestic Enquiry and Employee Resignation
1. During the process of a pending domestic enquiry, can the employer accept the resignation letter from the employee and relieve him/her with no remarks?
2. How and in what circumstances can the domestic enquiry be terminated?
3. By relieving an employee in the course of a domestic enquiry, what are the effects of it?
4. Furthermore, after relieving an employee, can the domestic enquiry be conducted?
Thanks and best regards,
Jeffrey Samuel.
From India, Mumbai
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1Domestic Enquiry and Employee Resignation
1. During the process of a pending domestic enquiry, can the employer accept the resignation letter from the employee and relieve him/her with no remarks?
2. How and in what circumstances can the domestic enquiry be terminated?
3. By relieving an employee in the course of a domestic enquiry, what are the effects of it?
4. Furthermore, after relieving an employee, can the domestic enquiry be conducted?
Thanks and best regards,
Jeffrey Samuel.
From India, Mumbai
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Dear Jeffrey, check my replies:
1. Can the employer accept a resignation during a domestic enquiry?
Theoretically speaking, yes. But if you accept the resignation, then what is the use of initiating a domestic enquiry? At this stage, it is better to keep the resignation in abeyance, proceed with the enquiry, award suitable punishment after completion of the enquiry, and relieve the employee by imposing suitable punishment.
2. How and in what circumstances can the domestic enquiry be terminated?
A domestic enquiry can be terminated in the following cases:
- Death of the defaulting employee
- If there is sound evidence that shows the accused is innocent or clean-handed.
However, a domestic enquiry should be initiated with caution. It is not child's play where you start or terminate at your whim.
3. What are the effects of relieving an employee during a domestic enquiry?
4. Can a domestic enquiry be conducted after relieving an employee?
Relieving the accused from his/her duties when the domestic enquiry is ongoing shows immaturity on the part of the management. Once you relieve the employee, the employer-employee relationship ceases to exist. Under such circumstances, why would the accused depose before the enquiry, and how are you going to establish culpability or blameworthiness?
I have provided the above comments based on my general knowledge. However, other legal experts may offer a better opinion.
Regards,
Dinesh V Divekar
From India, Bangalore
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1. Can the employer accept a resignation during a domestic enquiry?
Theoretically speaking, yes. But if you accept the resignation, then what is the use of initiating a domestic enquiry? At this stage, it is better to keep the resignation in abeyance, proceed with the enquiry, award suitable punishment after completion of the enquiry, and relieve the employee by imposing suitable punishment.
2. How and in what circumstances can the domestic enquiry be terminated?
A domestic enquiry can be terminated in the following cases:
- Death of the defaulting employee
- If there is sound evidence that shows the accused is innocent or clean-handed.
However, a domestic enquiry should be initiated with caution. It is not child's play where you start or terminate at your whim.
3. What are the effects of relieving an employee during a domestic enquiry?
4. Can a domestic enquiry be conducted after relieving an employee?
Relieving the accused from his/her duties when the domestic enquiry is ongoing shows immaturity on the part of the management. Once you relieve the employee, the employer-employee relationship ceases to exist. Under such circumstances, why would the accused depose before the enquiry, and how are you going to establish culpability or blameworthiness?
I have provided the above comments based on my general knowledge. However, other legal experts may offer a better opinion.
Regards,
Dinesh V Divekar
From India, Bangalore
Acknowledge(0)Amend(0)
Acceptance of a Resignation During a Domestic Inquiry
Acceptance of a resignation letter from an employee facing a domestic inquiry is a matter of the employer's discretion. If the financial implications are not severe, the employer can accept it and relieve the employee. However, if there are significant financial irregularities and it is crucial to conduct an inquiry to uncover or quantify the misappropriation, the employer should not relieve the employee. This is because, in a private sector company, the employee-employer relationship will terminate when the employer relieves the employee, and if there is a need to recover dues, legal assistance will be required. Simultaneously, in a public sector company, an inquiry can be conducted even after the employee's superannuation.
Regards,
Madhu.T.K
From India, Kannur
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Acceptance of a resignation letter from an employee facing a domestic inquiry is a matter of the employer's discretion. If the financial implications are not severe, the employer can accept it and relieve the employee. However, if there are significant financial irregularities and it is crucial to conduct an inquiry to uncover or quantify the misappropriation, the employer should not relieve the employee. This is because, in a private sector company, the employee-employer relationship will terminate when the employer relieves the employee, and if there is a need to recover dues, legal assistance will be required. Simultaneously, in a public sector company, an inquiry can be conducted even after the employee's superannuation.
Regards,
Madhu.T.K
From India, Kannur
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Resignation cum relieving letter.doc