JAWEDALAM
Ir & Contract Labour Management
Ramachandrak62
Hr, Meditation, Yoga
Emmy
Hr Professional
+3 Others

Dear Seniors
I am worling as a HR Exe. in a Const. Co. As in my co. the notice period tenure is 3 months. Before 2 months one of the employee gave notice period for resigning but now he wants to continue his service with us.
My query is that will I accept his letter regarding to cancel notice period or is there any provision in HR regarding this.
Waiting for the reply.
15th January 2011 From India, Bilaspur
Dear Abhishek Kesharwani

First of all as u know that Notice Period is a company's internal policy and just see whether it is allowed in ur company's policy that an employee serving Notice Period may be allowed to withdraw his/her resignation before his relaese date or not depending upon case to case basis. If it is not allowed then no question of accpeting his letter does arises.

If it is allowed then just look into these aspects:

1. What was the reason for tendering resignation from the service of ur company by the incumbent.

2. Why he/she is now withdrawing his resignation.

3. Whether he/she is passing his time in ur company and waiting for a better oppurtunity anywhere else.

4. What is his performance in past.

Since u r working as HR and u are also responsible for employees cost to the company and if an good employee without reason leaving ur company then its a cost to the company.

So in my suggetsion u just look into above mentioned aspects and if it satisfies ur company demands then u may think of accepting his withdrawal letter of resignation.

Regards.

Jawed Alam
15th January 2011 From India, Dhanbad
Dear Mr Abhishek
The points highlighted by Mr Harsh Kumar Sharan is valid
You may allow withdrawal of resignation by employee if you feel the company wants to retain that person.
As the effective date is still there, you may allow withdrawal.
Regards
K.Ramachandra
17th January 2011
Dear Mr. Abhishek
Resignation and withdrawing resignation by an employee is purely your company's HR policy and this will vary from company to company.
In general, HR has to find out the reason for his resignation and withdrawing.
If the resigned employee is a good performer, you may recommend management to reconsider his rejoining with your company,
It is purely vested with your management only.
Regards,
L.Kumar
17th January 2011 From India, Madras
Dear Abhishek Kesharwani,
Furtherence to the suggestion above by me, I have recently gone through a Supreme Court Judgement which clearly states that:
"Employee can withdraw his resignation before valid acceptance by employer" in the case between
Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185.
So your company has no other option left except to allow the withdrawal of resignation.
Regards.
Jawed Alam.
17th January 2011 From India, Dhanbad
Dear Shri Abhishek Ji,
The one of the purposes of notice period is to give an opportunity to the employee to reconsider his/her decision at any stage before actual relief from the employer's firm. In the present case, the employee has only spent one month after filing his notice for 3 months. He is eligible to withdraw his notice and continue to work in your firm without any impact of his having served this notice. Please go ahead and allow him to withdraw it.
Thanks and regards,
17th January 2011 From India, Pune
when I tried to excavate the case referece given by mr. jawedalam "Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185" I learnt quite a few things. PFA the whole case. there are references of few reltd cases inside. hope this will enlighten us.
Regards
Shafiq
22nd January 2011 From India, Calcutta

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Dear All,

This is the case where an employee wants an early release.

Company has 45 days of notice period. Employee is requesting to get relived before completion of full notice period. Employee is ready to serve maximum 30 days and is ready to pay off the rest 15 days but as per discussion with Head HR it is management discretion to accept the pay off request and wants the employee to serve full notice period and work full heartedly and said that otherwise in his/her experience letter problem can arise.

In this case how should an employee react for an early release.

what all things will help the employee to get released.

He has got an offer from the next company and the joining date is within 30 days from now and the next company is ready to buy out the notice period but is interested in joining within 30days because the manager would leave to US on long-term and wants to spend sometime with the new joinee. Please help how he/she can look forward in this case.

your help will be appreciated.

Emmy 9971647021
22nd January 2011 From India, Delhi
Dear All,

This is the case where an employee wants an early release.

Company has 45 days of notice period. Employee is requesting to get relived before completion of full notice period. Employee is ready to serve maximum 30 days and is ready to pay off the rest 15 days but as per discussion with Head HR it is management discretion to accept the pay off request and wants the employee to serve full notice period and work full heartedly and said that otherwise in his/her experience letter problem can arise.

In this case how should an employee react for an early release.

what all things will help the employee to get released.

He has got an offer from the next company and the joining date is within 30 days from now and the next company is ready to buy out the notice period but is interested in joining within 30days because the manager would leave to US on long-term and wants to spend sometime with the new joinee. Please help how he/she can look forward in this case.

The clause mention in the appointment letter is as below

: Either the employee or the company may terminate this agreement at any time by giving the other party written notice at least 45 calendar days in advance of the Party’s intent to terminate the agreement. On the notice being served on the company the company at its discretion may relieve the employee without completion of the notice period; The company shall be entitled to pay salary in lieu of the notice to the employee in the event of termination of the employment by the company. Not fulfilling the notice period conditions would mean that the employer may at its discretion initiate legal proceedings against the delinquent employee
22nd January 2011 From India, Delhi
Dear Sir please send resignatin format asking 2 months notice period please help me. tks&rgds Suresh babu
19th October 2011 From India, Bangalore
Hi, Could you please provide me a Sample Letter Notice to All Employee that did not bring hand phone inside production and can penalty charges. Thanks.
2nd June 2015 From Malaysia, Ipoh
Dear All
How to reject a resignation letter from a employee by doing without any notice period
27th June 2019 From India, Chennai
Hi Jude HR
I presume you are meaning employee submitted resignation but not willing to serve notice period ?
Resignation is choice of employee. If the employee is not willing to serve proper notice period he will not get proper relieving and will undergo disciplinary process.
27th June 2019 From India, Madras
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