Can an employee be terminated after submitting his/her resignation in India, working in an IT Company?

Question

The notice period is completed, and the company has acknowledged that a resignation letter was submitted, mails to that effect are available. The release is still not being given. Can the company still terminate an employee,as technically whatever action is to be taken has to be before the notice period.

Answer 1

yes but the don't say terminating....they say they are accepting you resignation early....so they legally can do it

Answer 2

If any case were under investigation, or any disciplinary action is initiated even after resignation, then the service may be terminated under major penalty.

Answer 3

On plain reading of your question and as no other proceedings or enquiry kind of things reported by you, the employer can't terminate an employee once he has already submitted his resignation - depriving the employee of any material or other benefits on having resigned. At best employer can relieve the employee early waiving the notice period or penalty thereof.

Case have come where employee having done wrong and expecting action, pre-empted the move and tendered his resignation. Under such circumstances, the validity of the resignation becomes questionable and attracted penal action validly.

Consult a legal expert with full facts of the case for legally tenable  position.

Answer 4

Termination of services of an employee has to be on the basis of proved misconduct,inefficiency of the concerned employee. For this a proper investigation has to be conducted by the employer. If the employee terminates an employee without assigning any reason, after the employee has given his resignation, it will be treated as having been done with malafide intention.

Answer 5

I want to know the same thing... I just gave my resignation on the day that i got confirmed, but i did not acknowledge receipt of my confirmation letter...now the firm is not accepting my resignation letter....

Answer 6

If you have any proof that your employer acknowledged the receipt of your resignation...then legally they are not empowered to terminate you.

For more information refer to "Industrial Employment Act (Standing Order) 1946"