Dear All,
If the employee has resigned from his or her position with immediate effect and has not received any written acceptance of the resignation, and has a leave balance of 50 days, but has not been attending the office for almost 20-25 days after resignation, can the employee send an email for the withdrawal of resignation?
Thanks & Regards,
Jayashree
From India, Mumbai
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6If the employee has resigned from his or her position with immediate effect and has not received any written acceptance of the resignation, and has a leave balance of 50 days, but has not been attending the office for almost 20-25 days after resignation, can the employee send an email for the withdrawal of resignation?
Thanks & Regards,
Jayashree
From India, Mumbai
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An employee can withdraw his/her resignation before it is accepted and request the management to adjust his/her absence aginst leave at credit. B.Saikumar HR & labour law Advisor Mumbai
From India, Mumbai
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From India, Mumbai
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Dear Ms. Jayashree,
Didn't the management check regarding the employee's unauthorized absence for long days? The employee, by all means, can email the employer earlier than the acceptance; subsequently, the employee shall submit the valid reason for absence. In prudence to the terms of her employment, the employer may decide this further. I would vouch for an employee who can discuss this by making a physical appearance to the employer (this gratifies much more than an email).
From India, Visakhapatnam
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Didn't the management check regarding the employee's unauthorized absence for long days? The employee, by all means, can email the employer earlier than the acceptance; subsequently, the employee shall submit the valid reason for absence. In prudence to the terms of her employment, the employer may decide this further. I would vouch for an employee who can discuss this by making a physical appearance to the employer (this gratifies much more than an email).
From India, Visakhapatnam
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Yes, first, he should forward the reminder for the acceptance of the same. As far as the accumulation of leaves is concerned, it must be adjusted in the notice period.
Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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Thanks & Regards,
From,
Sumit Kumar Saxena
From India, Ghaziabad
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It will be up to the management to decide whether they will accept the withdrawal of the resignation. If they don't, it is their choice. Generally, they will be disinclined to reconsider for an employee who walked off without notice and without handover.
Is this a hypothetical situation? And are you the employee or the employer?
From India, Mumbai
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Is this a hypothetical situation? And are you the employee or the employer?
From India, Mumbai
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Dear All;
Once a resignation letter is submitted, it is to be accepted or rejected by the employer. If the employee insists on resignation, the employer has to accept it. The conditions for resignation are to be found in the appointment letter or subsequent rules. If there is a notice period, then notice is to be given. Yet in certain circumstances, the employer dismisses without notice; likewise, if it becomes extremely difficult for the employee to continue, the employee can resign with immediate effect. Just because the employee has leave to credit does not mean he can resign with immediate effect. Upon resignation, the employee can be eligible for certain terminal benefits. However, if the employee remains absent and the employer terminates, then the employee may have to forego certain terminal benefits.
Vibhakar Ramtirthkar.
From India, Pune
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Once a resignation letter is submitted, it is to be accepted or rejected by the employer. If the employee insists on resignation, the employer has to accept it. The conditions for resignation are to be found in the appointment letter or subsequent rules. If there is a notice period, then notice is to be given. Yet in certain circumstances, the employer dismisses without notice; likewise, if it becomes extremely difficult for the employee to continue, the employee can resign with immediate effect. Just because the employee has leave to credit does not mean he can resign with immediate effect. Upon resignation, the employee can be eligible for certain terminal benefits. However, if the employee remains absent and the employer terminates, then the employee may have to forego certain terminal benefits.
Vibhakar Ramtirthkar.
From India, Pune
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A resignation is a voluntary act on the part of an employee, expressing his intention to terminate the contract of service. Therefore, it is within his right to change his intention and withdraw it before it is accepted by the management. If the management does not accept the withdrawal but accepts his resignation, it can be construed as coercing an employee to resign from his job. A resignation under coercion is unlawful, and if he were a workman, it could even be considered illegal retrenchment under relevant law.
B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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B. Saikumar
HR & Labour Law Advisor
Mumbai
From India, Mumbai
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Dear Ms. Jayashree,
The legal position is very clear from the reply of SaiConsult. As you have stated, the employee, after submitting resignation with immediate effect, is not attending the office for 20-25 days. Hence, by the conduct also, the employee has voluntarily quit the employment. Now, why the change of heart? It will not be in the organizational interest to take back such an employee.
KK
From India, Bhopal
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The legal position is very clear from the reply of SaiConsult. As you have stated, the employee, after submitting resignation with immediate effect, is not attending the office for 20-25 days. Hence, by the conduct also, the employee has voluntarily quit the employment. Now, why the change of heart? It will not be in the organizational interest to take back such an employee.
KK
From India, Bhopal
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Hi Gaurav Mehta,
If an employee resigns from his job, for example, on 7th December '13, with a one-month notice period required, but after the resignation is accepted, he does not come in until 5th December and then comes in on 6th December '13 for the relieving process, what is the date of his relieving according to the Factory Act 1948?
Whether the company will provide relieving or not, I would like to understand the provisions according to the Factory Act. Your suggestions are appreciated.
Regards,
Gaurav Mehta
From India
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If an employee resigns from his job, for example, on 7th December '13, with a one-month notice period required, but after the resignation is accepted, he does not come in until 5th December and then comes in on 6th December '13 for the relieving process, what is the date of his relieving according to the Factory Act 1948?
Whether the company will provide relieving or not, I would like to understand the provisions according to the Factory Act. Your suggestions are appreciated.
Regards,
Gaurav Mehta
From India
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Dear Gaurav,
There is no provision in the Factories Act 1948 regarding resignation or acceptance of it. Such matters are governed by the Standing Orders applicable to you, in case you are an industrial establishment and come under the definition of a workman. Do you have Certified Standing Orders, or do you follow Model Standing Orders? In case you are not governed by any Standing Orders, then follow the service rules in this regard. Since from your query, the factual position is not getting clear, I refrain from giving any advice.
KK
From India, Bhopal
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There is no provision in the Factories Act 1948 regarding resignation or acceptance of it. Such matters are governed by the Standing Orders applicable to you, in case you are an industrial establishment and come under the definition of a workman. Do you have Certified Standing Orders, or do you follow Model Standing Orders? In case you are not governed by any Standing Orders, then follow the service rules in this regard. Since from your query, the factual position is not getting clear, I refrain from giving any advice.
KK
From India, Bhopal
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Withdrawl of Resignation and Notice period.doc