Can an Employee Withdraw Their Resignation Notice? Seeking Advice on HR Policies

Dear Seniors, I am working as an HR Executive in a Construction Company. In my company, the notice period tenure is 3 months. Two months ago, one of the employees gave a notice period for resigning, but now he wants to continue his service with us.

Query on Notice Period Cancellation

My query is, should I accept his letter to cancel the notice period, or is there any provision in HR regarding this? Waiting for the reply.

Regards,

First of all, as you know, the Notice Period is a company's internal policy. Please check whether it is allowed in your company's policy for an employee serving the Notice Period to withdraw his/her resignation before the release date, depending on a case-by-case basis. If it is not allowed, then there is no question of accepting his letter.

Considerations for Withdrawal of Resignation

If withdrawal is permitted, consider the following aspects:

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

2. Why is he/she withdrawing the resignation now?

3. Is he/she biding time in your company, waiting for a better opportunity elsewhere?

4. What is his performance history?

As an HR professional responsible for employee costs to the company, if a good employee leaves without reason, it incurs costs to the company.

Therefore, my suggestion is to consider the above-mentioned aspects. If they align with your company's demands, you may think about accepting the withdrawal of the resignation letter.

Regards,
Jawed Alam

The points highlighted by Mr. Harsh Kumar Sharan are valid. You may allow the withdrawal of resignation by the employee if you feel the company wants to retain that person. As the effective date is still pending, you may permit the withdrawal.

Regards,
K. Ramachandra

Resignation and withdrawing a 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 the resignation and withdrawal. 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

Dear Abhishek Kesharwani,

Further to my previous suggestion, I have recently reviewed a Supreme Court judgment which clearly states: "An employee can withdraw his resignation before valid acceptance by the employer" in the case between Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185. Therefore, your company has no other option but to allow the withdrawal of the resignation.

Regards,
Jawed Alam.

Dear Shri Abhishek Ji, One of the purposes of the 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 having served this notice. Please go ahead and allow him to withdraw it.

Thanks and regards,

Dear All,

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

Notice Period and Early Release Request

The company has a 45-day notice period. The employee is requesting to be relieved before completing the full notice period. The employee is ready to serve a maximum of 30 days and is willing to pay off the remaining 15 days. However, as per discussions with the Head of HR, it is at management's discretion to accept the payoff request. They want the employee to serve the full notice period and work wholeheartedly, otherwise, issues may arise in the experience letter.

Employee's Reaction and Steps for Early Release

In this case, how should an employee react for an early release? What steps can help the employee get released?

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

Clause in the Appointment Letter

The clause mentioned in the appointment letter is as follows:

"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. Upon 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."

Regards.

Hi Jude HR,

I presume you are referring to an employee who has submitted their resignation but is not willing to serve the notice period?

Resignation is the choice of the employee. If the employee is not willing to serve the proper notice period, they will not receive a proper relieving and will undergo a disciplinary process.

Dear Sir/Madam, I just want to confirm that in our company, one employee is taking a long leave without prior information. On his final day, he mentioned that he had some health issues. When asked for medical certificates, he expressed his intention to resign from his job. He is unable to serve the notice period but is requesting his last month's salary. However, he has not submitted any medical certificates, nor has he provided a formal resignation letter; he only communicated orally. Could you please advise on the appropriate course of action to follow in this situation? Your guidance would be greatly appreciated.

Hi, Please explain to the employee that if he wants to be properly relieved and receive full and final settlement, he needs to serve the proper notice. The notice period cannot be waived without proper medical proof. I hope you have already issued a warning letter for taking long leaves without prior information. If necessary, if he continues to proceed on leave without informing, you may proceed with disciplinary action as deemed fit by law.