Can an Employee Revoke Resignation if Not Released Within Agreed Notice Period?

Hi,

An employee has resigned. Let's say he has a 60-day notice period discussed with the HR manager and negotiated down to 40 days, which the HR manager verbally approved. However, if the employee is not relieved within the 40 days, does the employee have the right to revoke his resignation?

Regards,
Vinodkumar.C

An employee has the right to revoke his resignation anytime before it is approved/accepted and financial benefits disbursed.

What do your standing orders say about resignation and acceptance? Refer to this news link: [Employee can withdraw resignation within notice period - The Times of India](http://timesofindia.indiatimes.com/india/Employee-can-withdraw-resignation-within-notice-period/articleshow/1272039.cms)

Hi Nathro,

Thank you very much! The link is very useful. So, can an employee revoke his resignation before it comes to an end? For example, if he has 60 days of notice period, can he revoke it on the 45th, 47th, or any day up to the 59th day, even if it has been accepted by the employer?

Regards,

Vinodkumar.C

Hi Nathro,

Thank you very much! The link is very useful. So, if an employee revokes his resignation before it comes to an end, for example, if he has 60 days of NP, can he revoke it on the 45th, 47th day until the 59th day? Even if it is accepted by the employer?

Regards,
Vinodkumar.C
Posted Today

Basically, the point to be kept in mind is whether an employer-employee relationship subsists. During the notice period, the relationship subsists. It is open for an employee to withdraw resignation before it is actually accepted by the employer.

The employee can withdraw his resignation. That is true. However, the question that comes up then is, has the employee accepted that? The withdrawal has no validity if the employer does not want the employee on his rolls anymore.

But if an employee has good performance records and disciplinary records, how can an employer ask an employee to resign by forcing them?

Regards, Vinodkumar.C

What you say can have merit in theory, but in real life, if management wants a person out, no law can really help them. They can go to courts and fight endless battles, but justice will be delayed and, at times, too late to be effective. That is the sad reality of life.

The two posts you have made do not seem to reconcile. First, you said someone resigned but since he was not relieved early, wants to revoke his resignation. Then, you are talking about someone who was forced to resign. Which of the above is the actual scenario?

Hello Vinodkumar,

You giving the info/inputs in bits & pieces only gives the impression that you are hiding some parts of the issue. If you wish the members to give you actionable & relevant suggestions, it's in your interest that you give the full & complete inputs. Like Saswata Banerjee mentioned, suggest giving the actual facts of the case without masking out some aspects. Please value others' time as you would your own.

Regards,
TS