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Anonymous
I was put under Performance improvement plan which was done due to miscommunication and because of the employer being inconsiderate about the reasons I gave. I was completing my work but by crossing deadlines as I am a fresher and have 9 months of experience in the same company. My colleagues used to give a lot of comments in code reviews which made my manager think that I was incapable of doing the work. In the PIP I was given tough works which couldn't have been done in a month of time . After this I was terminated as the PIP was unsuccessful. But I was asked to send a resignation email. But now I want to know if there's any chance for me to withdraw the resignation. Can somebody please answer?
From India, Bengaluru
IT depends on company's HR Policy as to whether an employee could withdraw his resignation already tendered, especially in IT companies , divergent practices are in vogue.

I suggest you on a presumption that you have been working for an IT company, that you need to introspect your thinking to withdraw the resignation for the following reason

After receiving your letter of resignation, the company may not be obliged to accept your withdrawal request and may choose to let you go instead.

Even if you have a great relationship with your employer and your colleagues, there's a good chance that they will still turn you down at an opportune moment.

It is very difficult to survive under hostile atmosphere as you may be totally marginalized.

However legally, if an employee tenders his resignation with date being specified for relief /release ( i,e for example , the last date of notice period ) the employer cannot relive you unilaterally during the middle of the notice period and further you are entitled to withdraw the resignation and the employer cannot legally force you out of employment. As Supreme court verdict , even if you are not allowed to work , you are deemed to have been in employment till the last day of notice period with all consequential benefits like salary and other benefits as if you are in service and your further continuation in service depends on the employers action .

Notwithstanding legality, you should reexamine the implications of your withdrawal of resignation in the light of foregoing suggestions and act accordingly in your own interest

Panchsen

P.Senthilkumar



9884009193

From India, Chennai
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