Hi Gunjan,
One of the employees resigned recently, and we have already accepted his resignation. However, he now wants to rescind his resignation and continue his work. We are considering the option of signing a bond with him to facilitate his rehiring.
Is this approach appropriate, or are there alternative methods to ensure that he commits to staying for at least one year? Please provide guidance.
Thank you.
From India, New Delhi
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39One of the employees resigned recently, and we have already accepted his resignation. However, he now wants to rescind his resignation and continue his work. We are considering the option of signing a bond with him to facilitate his rehiring.
Is this approach appropriate, or are there alternative methods to ensure that he commits to staying for at least one year? Please provide guidance.
Thank you.
From India, New Delhi
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You can rehire but asking for bond is a subjective notion and is to be qualified couple of yardsticks. Regards, Sanjeev
From India
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From India
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Based on my experience, I suggest that you do not rehire and refrain from signing a bond with him. Doing so will send negative signals to other employees, leading them to start taking things for granted as well. If the employee is indispensable, consider having them write an apology letter and offer a reduced salary compared to what was previously paid (considering you accepted their resignation). If a bond must be signed, include a clause stating that if the employee leaves before the agreed period, they will need to pay a specified amount or provide a security deposit.
It is crucial for employees to recognize that management takes such matters seriously.
Regards,
B. Anand Kumar
From United Kingdom, London
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It is crucial for employees to recognize that management takes such matters seriously.
Regards,
B. Anand Kumar
From United Kingdom, London
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Resignation and Withdrawal: A Complex Situation
If a person has resigned from the job, it shows that he/she is not happy with some aspect of the job and may have a better offer or opportunity elsewhere. If he/she wants to withdraw the resignation, it indicates that the situation has changed.
Let me pose you a question. Suppose a company gives termination notice to a worker and then withdraws that notification and wants the worker to continue, what should the worker do?
What guarantee is there that a worker who has resigned will not do so again within a short time? Given that requiring a worker to give a bond is not ethical and probably illegal too, the best thing to do is allow him to work until the notice period ends and then offer him a different position with a lower pay scale. Thus, he will lose the seniority and also continuity of service. This will act as a deterrent to others who may follow his example.
From United Kingdom
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If a person has resigned from the job, it shows that he/she is not happy with some aspect of the job and may have a better offer or opportunity elsewhere. If he/she wants to withdraw the resignation, it indicates that the situation has changed.
Let me pose you a question. Suppose a company gives termination notice to a worker and then withdraws that notification and wants the worker to continue, what should the worker do?
What guarantee is there that a worker who has resigned will not do so again within a short time? Given that requiring a worker to give a bond is not ethical and probably illegal too, the best thing to do is allow him to work until the notice period ends and then offer him a different position with a lower pay scale. Thus, he will lose the seniority and also continuity of service. This will act as a deterrent to others who may follow his example.
From United Kingdom
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Dear Gunjan,
Your concerns about the employee's behavior are natural. A resignation can always be rescinded by the employee. Please address the reasons why he resigned and what is prompting him to reconsider.
He has already expressed his intention to leave the firm. You should keep that in mind.
Potential Repercussions of a Pay Cut
Can you imagine the potential repercussions of offering him a pay cut? Do not engage in negotiations with this employee. Instead, act as if his departure from the firm is inconsequential. Let everything proceed as usual. Regardless, his tenure at this firm is limited. If he is not leaving immediately, it merely provides you with time to search for a replacement.
Please refrain from any demotions or salary reductions while he remains with the firm. Sending such a message to other employees would be detrimental. You do not want to instill fear in your workforce with signals that do not concern them.
Impact on Employee Morale
Moreover, consider the morale of this employee if he were to work in a different role with reduced pay. Currently, his resignation only indicates his unwillingness to continue; escalating the situation could lead to more negativity. Avoid the risk of him spreading this discontent to others.
Employer's Perspective
As an employer, you value your employees as long as they reciprocate that value. No employee is irreplaceable. Any actions taken to prevent his departure may reveal the employer's anxieties. Stay resolute and composed.
Expect the best from him as long as he remains. I support the recommendation for a one-year contractual position with clearly defined objectives. Make it a mutually beneficial arrangement for both parties.
Best wishes!
From India, Mumbai
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Your concerns about the employee's behavior are natural. A resignation can always be rescinded by the employee. Please address the reasons why he resigned and what is prompting him to reconsider.
He has already expressed his intention to leave the firm. You should keep that in mind.
Potential Repercussions of a Pay Cut
Can you imagine the potential repercussions of offering him a pay cut? Do not engage in negotiations with this employee. Instead, act as if his departure from the firm is inconsequential. Let everything proceed as usual. Regardless, his tenure at this firm is limited. If he is not leaving immediately, it merely provides you with time to search for a replacement.
Please refrain from any demotions or salary reductions while he remains with the firm. Sending such a message to other employees would be detrimental. You do not want to instill fear in your workforce with signals that do not concern them.
Impact on Employee Morale
Moreover, consider the morale of this employee if he were to work in a different role with reduced pay. Currently, his resignation only indicates his unwillingness to continue; escalating the situation could lead to more negativity. Avoid the risk of him spreading this discontent to others.
Employer's Perspective
As an employer, you value your employees as long as they reciprocate that value. No employee is irreplaceable. Any actions taken to prevent his departure may reveal the employer's anxieties. Stay resolute and composed.
Expect the best from him as long as he remains. I support the recommendation for a one-year contractual position with clearly defined objectives. Make it a mutually beneficial arrangement for both parties.
Best wishes!
From India, Mumbai
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Sorry, but your information does not reveal much about the attitudinal makeup of the employee. The fact that you are willing to hire him again tells me that you are satisfied with his competence level and you are willing to accept him as a member of the organization.
Resignation Withdrawal
As far as law and logic are concerned, a resignation can always be withdrawn BEFORE it is accepted by the employer. Thereafter, it is entirely the employer's choice. In your case, all this is academic! The employee wishes to withdraw his resignation. You are willing to rehire him. Nothing to stop you!!!
The Point About "Bond"
The point about "bond" is interesting! First and foremost, the bonds are ineffective - the majority do not bother about it as it is always the employer who suffers inconvenience and expenses of litigation! Even if an employee stays back because of a "bond," I doubt if he will continue to give his best to the organization. Also, if you let him withdraw his resignation, you will not be entitled to bring in a bond as any compulsion will be unilateral and be a breach of the contract of employment. If you let him go and then hire him afresh, you will be able to bring in the bond, and then it will be up to him to accept or not accept employment with a "bond." What would you have gained in either case?
I suggest for consideration an experience that an unwilling employee is not of much use. If employees are treated fairly with an effective mix of reason and emotion, they tend to be happy and stay for a longer time with the organization!
Think about it!
Regards,
Samvedan
From India, Pune
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Resignation Withdrawal
As far as law and logic are concerned, a resignation can always be withdrawn BEFORE it is accepted by the employer. Thereafter, it is entirely the employer's choice. In your case, all this is academic! The employee wishes to withdraw his resignation. You are willing to rehire him. Nothing to stop you!!!
The Point About "Bond"
The point about "bond" is interesting! First and foremost, the bonds are ineffective - the majority do not bother about it as it is always the employer who suffers inconvenience and expenses of litigation! Even if an employee stays back because of a "bond," I doubt if he will continue to give his best to the organization. Also, if you let him withdraw his resignation, you will not be entitled to bring in a bond as any compulsion will be unilateral and be a breach of the contract of employment. If you let him go and then hire him afresh, you will be able to bring in the bond, and then it will be up to him to accept or not accept employment with a "bond." What would you have gained in either case?
I suggest for consideration an experience that an unwilling employee is not of much use. If employees are treated fairly with an effective mix of reason and emotion, they tend to be happy and stay for a longer time with the organization!
Think about it!
Regards,
Samvedan
From India, Pune
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Bonds in employment-nega tive covenant in contract of employment.pdf
Withdrawal of resignation before it becomes effective.doc