Withdrawal Of Resignation Wihout Notice Period

Dear All,
If the employee has been resigned his or her position with immediate effect. If the employee has been not received any written acceptance of resignation.
The employee put down the paper with immediate effect and the employee has 50 days leave balance. The employee is not going to office after resignation almost 20-25 days .
In such case can employee put a mail for 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 aginst leave at credit.
B.Saikumar
HR & labour law Advisor
Mumbai

Dear Ms. Jayashree,
Din't the management check regarding the employee's unauthorised absence for long days? The employee with all means can email the employer earlier than the acceptance, subsequently, the employee shall submit the valid reason of absence. In prudence to the terms with 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 rather to an email).

Yes first he should forward the reminder for the acceptance of the same and as far as accumulation of leaves is concern it must be adjusted in notice period.
Thanks & Regards,
From,
Sumit Kumar Saxena

It will be up to the management to decide whether they will accept 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 ?

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

A resignation is a volutary act on the part of an employee, expressing his intention to terminate the contract of servcie and therefore it is within his right to change his intention and wirhdraw it befor it is accepted by the mangement.If the management does not accept the withdrawal but accepts his resignation,it can be cosnstrued as coercing an employee to resign his job. A resignation under coercion is bad in law and if he were a workman, it can be construed even as illegal retrenchment unde relavnt law.
B.Saikumar
HR & Labour Law Advsior
Mumbai

Dear Ms. Jayashree: 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 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 organisational interest to take back such employee. KK

R/All.
If any employee's resignation from his job for example 7 Dec'13 according to one month notes period required, but after acceptance
resignation he will not come till 5 Dec and he come 6 dec'13 fore reliving . what is the date of his reliving according to factory act 1948.
whether company will give reliving or not, but i want to know according to factory act
Plz i need your suggestion
Regards
Gaurav Mehta

Dear Gaurav, 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 workman. Do you have Certified Standing Orders or 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 restrain from giving any advice. KK