Dear Seniors, I request for an urgent help on the below situation.

Its regarding an employee retraction of Resignation and again leaving the organization:We have a employee resigned and his resignation has been accepted by us & last working day has also been communicated to him.In the process we(employer) were asking him to stay with us without any counter offer but showing him future prospects for him(verbally), as he is critical on the project.

He was convinced and retracted the resignation but we did not send him any formal acceptance for the same. Resignation retraction can be considered as resignation cancelled?

Now just before the relieving date or last working day stated in the his resignation acceptance email ,he is asking us to relieve him as he has changed his mind and wants to leave the organization.

We are saying him that your resignation is cancelled because you withdrew it and he needs to serve new notice period.

He is arguing that ,there is no formal acceptance of resignation retraction hence he is free to leave on the stated last working day by employer.

Can any body suggest what's the way around as we want him to stay and finish some critical work hence serve new notice period ,may be negotiated time frame until replacement is found.

Any answers will be appreciated .

Many thanks

From India, Pune
Dear RPD123,
If there is no written or formal acceptance from company's end towards cancellation of his resignation then it wouldn't be great to be forceful against him to serve new notice period. Company's do not accept verbal resignation, it always has to be in writing similarly retraction needs to be in writing as well. He has a valid point here.
ON HR front, it was good to have a leaving employee take back his resignation and continue but trying ways to retain an employee who no matter what is trying out ways to leave even after showing him prospects ahead then you better should start looking for a suitable replacement than wasting time focusing on problem.
All you can do is list out all the necessary tasks he needs to complete before leaving and ask him for a proper handover. That's all in my suggestion.
Good luck.

From India, Mumbai
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