Facing Pressure to Resign After an Accident: Can I Retract My Resignation Legally?

Dear Friends, I am in urgent need of some guidance from all the HR professionals and other individuals present in the community. I met with an accident in the early week of November and was on leave. In the last week of November, HR and my line manager asked me to resign and threatened me with various consequences if I didn't resign, despite no mistake on my part.

I have submitted my resignation with the stipulated notice period as per the company policy. However, I am not interested in resigning and wish to continue with my job as my career is at stake. I have come across information online stating that according to the Supreme Court of India, an individual who has resigned but wishes to remain in the job can retract their resignation within the notice period specified by the company policy.

I kindly request all HR professionals and others to provide guidance and assistance to help me navigate this situation promptly, as my career is in jeopardy.

Regards

This is an urgent matter. Take fast actions. Prepare a letter for resignation withdrawal and send a copy through Reg AD to your superior and also the HR Head. Hand-deliver the letter to your CEO and, if possible, have a discussion with him. Do not accept the final settlement check or deposit it in the account. For any further input, please let me know.

Regards,
Sachin Khadilkar
M - [Phone Number Removed For Privacy Reasons]

You need to provide some additional information:

Designation and Job Type

a) What is your designation? What type of job do you do?

Medical Fitness Post-Accident

b) Post-accident, what is your medical fitness? Will it impact your regular duties?

Communication with HR

c) Did you inform your HR or line manager that you were in an accident? Do you have medical certificates to support this? Why didn't they consider your temporary absence due to the accident?

Relationship with HR and Management

d) How were your relationships with HR or the Line Manager? Did HR, the Line Manager, or Management consider removing you? Taking advantage of your absence due to the accident, did they use it as a pretext for your dismissal?

Ok...

Regards,
DVD

Understanding Resignation Withdrawal Under Indian Law

As per the Indian Contract Act, if the resignation (offer) has been communicated to the management, who agree (acceptance), then if the same acceptance is communicated to the resigned employee, it is not allowed to withdraw the resignation (offer).

Hope this clarifies it for you.

Dear Dinesh Sir,

Job Details

a) What is your designation? What type of job do you do? - I am an Area Sales Manager. I am in Sales.

Post-Accident Medical Fitness

b) Post-accident, what is your medical fitness? Will it impact your regular duties? - I am medically fit, and there has been no impact on my regular duties.

Communication with HR and Management

c) Did you tell your HR or line manager that you met with an accident? Do you have medical certificates to this effect? Why did they not consider your temporary absence because of this accident? - Everything was communicated to them. They considered my temporary absence.

Relations with HR and Line Manager

d) How were your relations with HR or Line Manager? Did your HR or Line Manager or Management want to remove you? Taking advantage of your absence due to this accident, did they use it as a ploy for your removal? - Relations with HR and Line Manager were good; however, the Line Manager has plotted things to remove me.

Dear Prashant Sir, I have submitted my resignation, and HR has only acknowledged the receipt of it. However, I have not received any formal acceptance, either in writing or verbally. Please advise.

Navigating Resignation and Retraction in Employment

In court, it would be very difficult if the resignation was not accepted by management. Secondly, are they interested in continuing with you? If not, it's better to leave the organization; otherwise, you would face humiliation at every moment.

I agree with you; however, as per my understanding, receiving and acceptance are two different things, aren't they? For your second question: I am not sure about their intentions, but what I am clear and sure of is that my career is at stake.

Hi all, I have a query: Is it possible for an employer to terminate an employee on the grounds of absconding without actually giving the required notice to the employee?