Resigning Before Contract Ends: Can You Change Your Mind Before It's Final?

Re: Resigning Before Service Agreement Expires

An employee has resigned with an effective date of two months later. Within what time frame can she withdraw her resignation before the effective date?

It depends on the management's decision to accept the resignation or deny it. Please check with her why she resigned and why she decided to withdraw it. If you feel it is a valid reason, you should accept the withdrawal of resignation.

It is a continuation of the above-posted reply. If anybody is threatening regarding the acceptance of resignation or termination to the HR Department or Organization, like they are going to court over the same, I can say there is no specific law for notice period and termination; it purely depends on management's issue. If there are any such laws for termination or resignation, kindly post your comments on the same.

An employee has resigned with an effective date of two months later. Within what time frame can she withdraw her resignation before the effective date?

If an employee resigns and the company has accepted the resignation, and the employee later wishes to withdraw her resignation, she can only request to do so until her last day of notice, provided that the employer is willing to retain her and no replacement has been recruited. It is solely at the discretion of the employer to decide whether to accept her request and retain her or not.

The reply given by Mr. R. Kaushik is worthy of taking note. An employee, whether in a PSU/Govt. or private sector, is within his or her lawful rights to make a request for withdrawal of resignation even after communication of the fact that the resignation was accepted. However, the ultimate decision of accepting the request for withdrawal of resignation will depend upon the management. It must be understood that legally, management is not bound to permit the withdrawal of resignation.

If an employee submits a request for withdrawal of resignation before the communication of acceptance of his or her resignation, then in such a situation, the law will favor the employee to continue in the job.

With regards to all,

Srivastava C.M. Lal