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Re: Resigning before Service Agreement Expires An employee has resigned with a effective of two months later. Within what time frame can she with draw her Resignation before the effective date ?
From India, Pune
It Depends on the management decision to accept the resignation or deny it. please check with her why she had resigned and why she had taken it back if you feel it should valid reason you accept the with draw of resignation.
From India, Hyderabad
It is continuation of above posted reply is that if anybody threatening regarding the acceptance of resignation or termination to HR-Department or Organization like they are going to courts on the same, i can say there is no such law for notice period and termination and its purely depends on the mgt issue.
if it is any such laws for termination or resignation kindly post your comments on the same.

From India, Hyderabad
If an employee resigns and if the company has accepted the resignation and thereafter if the employee wants to withdraw her resignation, she can only request for withdrawing her resignation till her last day of notice provided if the employer would like to retain her and if someone has not been recruited in her place. It is at the sole discretion of the employer whether they have to accept her request and retain her back or not.
From India, Ahmadabad
For Goverment and Public Sector organisations there is a Supreme Court Judgement which has been given against Canara Bank. It clearly states that an employee is within his rights to withdraw the resignation during the notice period and continue work.
But, in Private sector, it depends upon the management. Many times, we have employees resigning, and we can see the supervisors and managers or the top management renegotiating or even just requesting the employee to stay back and in some cases the employees do stay back. Hence, I believe that it depends upon the relationship between the management and employee for the matter of resignation to be handled.

From Nigeria
Dear Mr Sanjeev,
Reply given by Mr R. Kaushik is worthy of taking note. An employee, whether in PSU/Govt. or private sector, is within her/his lawful rights to make a request for withdrawl of resignation even after communication of the fact that resignation was accepted. But the ultimate decision of accepting the request of withdrawl of resignation will depend upon the Management. Here it must be understood that legally Managment is not bound to permit withdrawl of resignation. However if an employee submits a request for withdrawl of resignation before communication of acceptance of her resignation, then in such a situation law will favour the employee to continue in job.
With regards to all.
Srivastava C.M. Lal

From India, New Delhi
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