An employee working under me had submitted her resignation letter with a 1-month notice period. Before the end of the notice period, she wants to take back her resignation and continue to work. Should she give it in writing?
If you have already accepted her resignation and passed it on to HR for processing, she should give a written notification of withdrawal. However, if you are still sitting on it and no one knows about it, you could tear it up or give it back. Experts will need more details to give precise advice.
I don't think that this is a big deal. As you know, it clearly depends on the company or boss whether they want to retain her or not. If they want to retain her and the employee also wishes the same, then there is not any issue. You may take the resignation withdrawal letter from her and continue her service.
The point of law is clear: an employee who has resigned from service reserves the right to withdraw it until he/she is relieved from service, even after the resignation is accepted. In this case, since she has not been relieved so far, she has the right to withdraw her resignation, and for this, a written request is needed.
All the comments given on the subject are true if the resignation is given without assigning any reasons. If the employee has provided specific reasons for her resignation, those reasons should be analyzed in the interest of the organization before returning the resignation letter.
If the employee is a good performer and the reason for retracting the resignation sounds genuine to you, please consider taking them back. However, if you have already hired a replacement, then nothing can be done. In case the reason was another opportunity, be cautious as they might continue looking and resign again in the near future.
Such correspondence is official and hence must be reduced to writing. Once the resignation has been received, it becomes an official document and is part of the individual's Personal File. How can it be returned? Withdrawal of a resignation is yet another document that goes into the file. The withdrawal application, if accepted by the organization, would have remarks from the appropriate authority accepting or rejecting the withdrawal. Both documents would remain on file. Should a legal situation arise later, the file will show the correct sequence of events. Removal of a document from the file would lead to gaps and may compromise the organization.
Warm regards,
Ajay Chaudhari
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