Can an Employee Withdraw Resignation After Skipping Work for Weeks?

If an employee has resigned from their position with immediate effect and has not received any written acceptance of the resignation, and has a leave balance of 50 days, but has not been attending the office for almost 20-25 days after resignation, can the employee send an email for the withdrawal of resignation?

Thanks & Regards,
Jayashree

An employee can withdraw his/her resignation before it is accepted and request the management to adjust his/her absence against leave at credit.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

Didn't the management check regarding the employee's unauthorized absence for an extended period? The employee, by all means, can email the employer earlier than the acceptance; subsequently, the employee should submit a valid reason for the absence. In accordance with the terms of her employment, the employer may decide this further. I would vouch for an employee who can discuss this by making a physical appearance to the employer (this gratifies much more than an email).

Regards.

Yes, first, he should forward the reminder for the acceptance of the same. As far as the accumulation of leaves is concerned, it must be adjusted in the notice period.

Thanks & Regards,
Sumit Kumar Saxena

It will be up to the management to decide whether they will accept the withdrawal of the resignation. If they don't, it is their choice. Generally, they will be disinclined to reconsider for an employee who walked off without notice and without handover.

Is this a hypothetical situation? And are you the employee or the employer?

Once a resignation letter is submitted, it is to be accepted or rejected by the employer. If the employee insists on resignation, the employer has to accept it. The conditions for resignation are to be found in the appointment letter or subsequent rules. If there is a notice period, then notice is to be given. Yet in certain circumstances, the employer dismisses without notice; likewise, if it becomes extremely difficult for the employee to continue, the employee can resign with immediate effect. Just because the employee has leave to credit does not mean they can resign with immediate effect. Upon resignation, the employee can be eligible for certain terminal benefits. However, if the employee remains absent and the employer terminates, then the employee may have to forego certain terminal benefits.

Regards,
Vibhakar Ramtirthkar.

Employee Resignation and Withdrawal Rights

A resignation is a voluntary act on the part of an employee, expressing their intention to terminate the contract of service. Therefore, it is within their right to change their intention and withdraw it before it is accepted by the management. If the management does not accept the withdrawal but accepts the resignation, it can be construed as coercing an employee to resign from their job. A resignation under coercion is unlawful, and if they were a workman, it could even be considered illegal retrenchment under relevant law.

Regards,
B. Saikumar
HR & Labour Law Advisor
Mumbai

The legal position is very clear from the reply of SaiConsult. As you have stated, the employee, after submitting resignation with immediate effect, is not attending the office for 20-25 days. Hence, by the conduct also, the employee has voluntarily quit the employment. Now, why the change of heart? It will not be in the organizational interest to take back such an employee.

Regards,
KK

If an employee resigns from his job, for example, on 7th December '13, with a one-month notice period required, but after the resignation is accepted, he does not come in until 5th December and then comes in on 6th December '13 for the relieving process, what is the date of his relieving according to the Factory Act 1948?

Understanding Relieving Date According to the Factory Act 1948

Whether the company will provide relieving or not, I would like to understand the provisions according to the Factory Act. Your suggestions are appreciated.

Regards,
Gaurav Mehta

There is no provision in the Factories Act 1948 regarding resignation or acceptance of it. Such matters are governed by the Standing Orders applicable to you, in case you are an industrial establishment and come under the definition of a workman. Do you have Certified Standing Orders, or do you follow Model Standing Orders? In case you are not governed by any Standing Orders, then follow the service rules in this regard. Since from your query, the factual position is not getting clear, I refrain from giving any advice.

Regards,
KK