Tuesday 26 May 2015

Advance resignation of employee at the time of recruitment

This is bit odd question that “can resignation obtained from an employee at the time of said employee’s recruitment be used against him at later date?”

Being as one of the different question altogether, it can answer that such advance resignation before at the time of recruitment in the eyes of law are no resignation.

This is because the resignation was not voluntarily given by the employee but it was obtained by employer. Therefore the resignation without wish and will is no resignation at all.

Moreover, the resignation was obtained at a time when the employee was yet to commence his contract of employment. Therefore resignation prior to employment is also no resignation.


Besides, even assuming such resignation at later date falsely used by an employer stating that such resignation was given by the employee on a date from which his services were otherwise terminated or he was removed from services, such document is never considered as conclusive proof of resignation. 

Hope this small write up will give insight about pertained subject.


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