Employee Rescinded Resignation, Then Quit Abruptly: What Legal Steps Can We Take?

Dear All,

One of my employees resigned with a notice period of 30 days. Meanwhile, we conducted interviews and finalized a new candidate for his replacement. After 18 days (the same day the new candidate was finalized), he requested his supervisor to revoke his resignation and asked for a retention bonus.

His supervisor called me to consider his request and recommended a retention bonus as well. Subsequently, the employee called to discuss and finalize the terms (retention bonus). After that, he sent his confirmation through WhatsApp and also verbally confirmed to his supervisor about his decision to stay.

He was informed telephonically that he would receive the increased salary from the current month and would be notified by mail once the salary was processed. Consequently, the procedure to appoint a new candidate was put on hold.

Surprisingly, after a few days, he sent an email at night (10:30 PM) stating that he was not willing to continue and claimed he was forced by management to stay. He mentioned that his notice period was over three days ago and that he would not return to the organization.

(He was never asked by the supervisor or management to stay; in fact, he requested it himself. As he had been working for more than five years, management considered his request even after finalizing a new candidate).

He submitted his resignation on paper, and most of the discussion thereafter was held over the phone or WhatsApp. There is only one message from him to HR (on WhatsApp) about his decision to stay.

What legal action can be taken in this case? On his request, the hiring of the new candidate was delayed, and he left the organization without a proper handover.

Now he claims the salary, experience certificate, and gratuity.

Management is willing to terminate him. Please advise.

Sourabh

There is nothing much you can do now. The first resignation has been revoked by the employee, and it has been agreed upon, so it is no longer valid and enforceable. You can ask for a notice period after the second resignation. Being with the service for more than five years, the gratuity is recommended to be released. The unpaid salary is to be adjusted against the notice period. You can demand payment for the remaining notice period before issuing an experience certificate.

Once you have issued a letter with a revised salary, and it is accepted by the employee, he is governed by the rules and regulations applicable to his category of employees in your company. Hence, his earlier resignation is null and void. Therefore, he must render a 3-month notice period again or deposit 3 months' salary if he desires a quick exit.

Hi, When an employee is willing to cancel their resignation, it must be documented in writing. You should have asked the employee to formally withdraw their resignation letter, and in the same document, they should express their willingness to continue. Cancellation through WhatsApp may not be sufficient, as someone might misuse their WhatsApp in their absence. The Best Course of Action The best course of action is to insist on a fresh resignation and notice period. Whether they will comply is a big question mark.