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Community Manager
Learning & Teaching Fellow (retired)
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Gunjan Sarojwal
Recruitments, T&d

One of the employees resigned recently and we even accepted his resignation, but now he want to take back his resignation and would like to continue his work.
We are thinking of signing a bond with him as we can re hire him.
Will it be fine or there can be any other way to ensure that he does not leave for at least 1 year.
Plz guide
24th April 2009 From India, New Delhi
You can rehire but asking for bond is a subjective notion and is to be qualified couple of yardsticks. Regards, Sanjeev
25th July 2013 From India
Dear Gunjan
As per my experience suggest you, don't rehire and no need to sign bond with him ....As it will send a negative signs to other employees and start taking things for granted and others also start doing you accept them.
If the employee is so much required, than take a apology letter and offer him lesser salary than before paid..(can do as you accepted his resignation) if signing bond , should mention a clause that if he leave before the period , need to pay XXXX amount or can take security deposit from him.
It's important that employees should understand management very serious about such matter.
B.Anand Kumar
25th July 2013 From United Kingdom, London
If a person has resigned from the job, it shows that (s)he is not happy with some aspect of the job and, may be, has had a better offer or opportunity elsewhere. If (s)he want to withdraw the resignation it indicates that the situation has changed.
Let me pose you a question. Suppose a company gives termination notice to a worker and then withdraws that notification and wants the worker to continue, what should the worker do?
What guarantee is there that a worker that has resigned will not do so again within a short time. Given that requiring a worker to give a bond is not ethical and, probably, illegal too, the best thing to do is allow him to work till the notice period ends and then offer him a different position with a lower pay scale. Thus, he will lose the seniority and also continuity of service. This will act as a deterrent to others who may follow his example.
25th July 2013 From United Kingdom
Dear Gunjan,

Your fears towards the employee's behaviour is natural. A resignation can always be taken back by the employee.

Please address the concerns why he resigned and what is making him recall it.

He has already shared his intention to leave the firm. You should keep that as a view .

Can you imagine what will happen if you offer him a pay-cut? By all means, do not negotiate anything with this employee. Rather act as if, his leaving the firm, never mattered. Let everything be absolutely normal. Anyhow, his employment in this firm is numbered. If he is not leaving right now, it only offers you the time to look for replacement.

Please avoid any demotion or even a pay-cut as he continues with the firm. It will send terrible message to other employees. You don't want to scare your employees with the signals, that aren't for them.

On the top , imagine the morale of this employee, who will have to work in a different role at a lesser pay. Right now with a resignation he only showed, his unwillingness, it will only catapult to greater negativity. Do not risk him spreading this unwillingness to others.

As an employer , you value your employees till they value you in return. No employee is ever indispensable. Any response towards prevention of him leaving, might actually show the fears of the employer. Remain strong and grounded.

You only need the best from him, till he works. I second the suggestion for the contractual position for an year, with clear deliverables. Make it a win-win deal for both the parties.

Wish you all the best !
26th July 2013 From India, Mumbai

Sorry but your information does not reveal much about the attitudinal make up of the employee.

That you are willing to hire him again tells me that you are satisfied with his competence level and you are willing to accept him as a member of the organization.

As far as law and logic are concerned a resignation can always be withdrawn BEFORE it is accepted by the employer.

Thereafter it is entirely Employer's choice.

In your case all this is academic!

The employee wishes to withdraw his resignation.

You are willing to rehire him.

Nothing to stop you!!!

The point about "bond" is interesting!

First and foremost, the bonds are ineffective-majority do not bother about it as it always the employer who suffers inconvenience and expenses of litigation!

Even if an employee stays back because of a "bond", I doubt if he will continue to give his best to the organization. Also if you let him withdraw resignation, you will not be entitled to bring in a bond as any compulsion will be unilateral and be a breach of the contract of employment. If you let him go and then hire him afresh, you will be able to bring in the bond and then it will be up to him to accept or to not accept employment with a "bond". What would have gained in either case?

I suggest for consideration an experience that an unwilling employee is not of much use. If employees are treated fairly with an effective mix of reason and emotion, they tend to be happy and stay for longer time with the organization!

Think about it!



July 26, 2013

26th July 2013 From India, Pune
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