Dear Seniors,
I am working as an HR Executive in a Construction Company. In my company, the notice period tenure is 3 months. Two months ago, one of the employees gave a notice period for resigning, but now he wants to continue his service with us.
My query is, should I accept his letter to cancel the notice period, or is there any provision in HR regarding this?
Waiting for the reply.
From India, Pune
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3I am working as an HR Executive in a Construction Company. In my company, the notice period tenure is 3 months. Two months ago, one of the employees gave a notice period for resigning, but now he wants to continue his service with us.
My query is, should I accept his letter to cancel the notice period, or is there any provision in HR regarding this?
Waiting for the reply.
From India, Pune
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Dear Abhishek Kesharwani,
First of all, as you know, the Notice Period is a company's internal policy. Please check whether it is allowed in your company's policy for an employee serving the Notice Period to withdraw his/her resignation before the release date, depending on a case-by-case basis. If it is not allowed, then there is no question of accepting his letter.
If withdrawal is permitted, consider the following aspects:
1. What was the reason for tendering the resignation from the service of your company by the incumbent?
2. Why is he/she withdrawing the resignation now?
3. Is he/she biding time in your company, waiting for a better opportunity elsewhere?
4. What is his performance history?
As an HR professional responsible for employee costs to the company, if a good employee leaves without reason, it incurs costs to the company.
Therefore, my suggestion is to consider the above-mentioned aspects. If they align with your company's demands, you may think about accepting the withdrawal of the resignation letter.
Regards,
Jawed Alam
From India, Dhanbad
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First of all, as you know, the Notice Period is a company's internal policy. Please check whether it is allowed in your company's policy for an employee serving the Notice Period to withdraw his/her resignation before the release date, depending on a case-by-case basis. If it is not allowed, then there is no question of accepting his letter.
If withdrawal is permitted, consider the following aspects:
1. What was the reason for tendering the resignation from the service of your company by the incumbent?
2. Why is he/she withdrawing the resignation now?
3. Is he/she biding time in your company, waiting for a better opportunity elsewhere?
4. What is his performance history?
As an HR professional responsible for employee costs to the company, if a good employee leaves without reason, it incurs costs to the company.
Therefore, my suggestion is to consider the above-mentioned aspects. If they align with your company's demands, you may think about accepting the withdrawal of the resignation letter.
Regards,
Jawed Alam
From India, Dhanbad
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Dear Mr. Abhishek,
The points highlighted by Mr. Harsh Kumar Sharan are valid. You may allow the withdrawal of resignation by the employee if you feel the company wants to retain that person. As the effective date is still pending, you may permit the withdrawal.
Regards,
K. Ramachandra
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The points highlighted by Mr. Harsh Kumar Sharan are valid. You may allow the withdrawal of resignation by the employee if you feel the company wants to retain that person. As the effective date is still pending, you may permit the withdrawal.
Regards,
K. Ramachandra
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Dear Mr. Abhishek,
Resignation and withdrawing a resignation by an employee is purely your company's HR policy and this will vary from company to company. In general, HR has to find out the reason for his resignation and withdrawing. If the resigned employee is a good performer, you may recommend management to reconsider his rejoining with your company. It is purely vested with your management only.
Regards, L. Kumar
From India, Madras
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Resignation and withdrawing a resignation by an employee is purely your company's HR policy and this will vary from company to company. In general, HR has to find out the reason for his resignation and withdrawing. If the resigned employee is a good performer, you may recommend management to reconsider his rejoining with your company. It is purely vested with your management only.
Regards, L. Kumar
From India, Madras
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Dear Abhishek Kesharwani,
Further to the suggestion above by me, I have recently gone through a Supreme Court judgment which clearly states that: "An employee can withdraw his resignation before valid acceptance by the employer" in the case between Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185. So your company has no other option left except to allow the withdrawal of resignation.
Regards, Jawed Alam.
From India, Dhanbad
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Further to the suggestion above by me, I have recently gone through a Supreme Court judgment which clearly states that: "An employee can withdraw his resignation before valid acceptance by the employer" in the case between Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185. So your company has no other option left except to allow the withdrawal of resignation.
Regards, Jawed Alam.
From India, Dhanbad
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Dear Shri Abhishek Ji,
One of the purposes of the notice period is to give an opportunity to the employee to reconsider his/her decision at any stage before actual relief from the employer's firm. In the present case, the employee has only spent one month after filing his notice for 3 months. He is eligible to withdraw his notice and continue to work in your firm without any impact of having served this notice. Please go ahead and allow him to withdraw it.
Thanks and regards,
From India, Pune
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One of the purposes of the notice period is to give an opportunity to the employee to reconsider his/her decision at any stage before actual relief from the employer's firm. In the present case, the employee has only spent one month after filing his notice for 3 months. He is eligible to withdraw his notice and continue to work in your firm without any impact of having served this notice. Please go ahead and allow him to withdraw it.
Thanks and regards,
From India, Pune
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When I tried to excavate the case reference given by Mr. Jawed Alam "Srikantha S.M. vs M/s Bharat Earth Movers Ltd. 2005 LLR 1185", I learnt quite a few things. Please find attached the whole case. There are references to a few related cases inside. I hope this will enlighten us.
Regards,
Shafiq
From India, Calcutta
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Regards,
Shafiq
From India, Calcutta
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Dear All,
This is the case where an employee wants an early release. The company has a 45-day notice period. The employee is requesting to be relieved before the completion of the full notice period. The employee is ready to serve a maximum of 30 days and is willing to pay off the remaining 15 days. However, as per the discussion with the Head of HR, it is at the management's discretion to accept the pay-off request. The management wants the employee to serve the full notice period and work wholeheartedly, stating that otherwise, problems may arise in the experience letter.
In this case, how should an employee react to an early release? What actions can help the employee secure an early release? The employee has received an offer from another company with a joining date within 30 days. The new company is willing to buy out the notice period but prefers the employee to join within 30 days due to the manager's upcoming long-term absence. The manager wishes to spend some time with the new employee before leaving for the US. Please advise on how the employee can proceed in this situation.
Your help will be greatly appreciated.
Emmy
9971647021
From India, Delhi
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This is the case where an employee wants an early release. The company has a 45-day notice period. The employee is requesting to be relieved before the completion of the full notice period. The employee is ready to serve a maximum of 30 days and is willing to pay off the remaining 15 days. However, as per the discussion with the Head of HR, it is at the management's discretion to accept the pay-off request. The management wants the employee to serve the full notice period and work wholeheartedly, stating that otherwise, problems may arise in the experience letter.
In this case, how should an employee react to an early release? What actions can help the employee secure an early release? The employee has received an offer from another company with a joining date within 30 days. The new company is willing to buy out the notice period but prefers the employee to join within 30 days due to the manager's upcoming long-term absence. The manager wishes to spend some time with the new employee before leaving for the US. Please advise on how the employee can proceed in this situation.
Your help will be greatly appreciated.
Emmy
9971647021
From India, Delhi
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Dear All,
This is the case where an employee wants an early release.
Company has 45 days of notice period. Employee is requesting to get relived before completion of full notice period. Employee is ready to serve maximum 30 days and is ready to pay off the rest 15 days but as per discussion with Head HR it is management discretion to accept the pay off request and wants the employee to serve full notice period and work full heartedly and said that otherwise in his/her experience letter problem can arise.
In this case how should an employee react for an early release.
what all things will help the employee to get released.
He has got an offer from the next company and the joining date is within 30 days from now and the next company is ready to buy out the notice period but is interested in joining within 30days because the manager would leave to US on long-term and wants to spend sometime with the new joinee. Please help how he/she can look forward in this case.
The clause mention in the appointment letter is as below
: Either the employee or the company may terminate this agreement at any time by giving the other party written notice at least 45 calendar days in advance of the Party’s intent to terminate the agreement. On the notice being served on the company the company at its discretion may relieve the employee without completion of the notice period; The company shall be entitled to pay salary in lieu of the notice to the employee in the event of termination of the employment by the company. Not fulfilling the notice period conditions would mean that the employer may at its discretion initiate legal proceedings against the delinquent employee
From India, Delhi
Acknowledge(0)Amend(0)
This is the case where an employee wants an early release.
Company has 45 days of notice period. Employee is requesting to get relived before completion of full notice period. Employee is ready to serve maximum 30 days and is ready to pay off the rest 15 days but as per discussion with Head HR it is management discretion to accept the pay off request and wants the employee to serve full notice period and work full heartedly and said that otherwise in his/her experience letter problem can arise.
In this case how should an employee react for an early release.
what all things will help the employee to get released.
He has got an offer from the next company and the joining date is within 30 days from now and the next company is ready to buy out the notice period but is interested in joining within 30days because the manager would leave to US on long-term and wants to spend sometime with the new joinee. Please help how he/she can look forward in this case.
The clause mention in the appointment letter is as below
: Either the employee or the company may terminate this agreement at any time by giving the other party written notice at least 45 calendar days in advance of the Party’s intent to terminate the agreement. On the notice being served on the company the company at its discretion may relieve the employee without completion of the notice period; The company shall be entitled to pay salary in lieu of the notice to the employee in the event of termination of the employment by the company. Not fulfilling the notice period conditions would mean that the employer may at its discretion initiate legal proceedings against the delinquent employee
From India, Delhi
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