Dear Members,
My one of the employees has given resignation and than he had taken a back his resignation by saying that he has made this decision in anger.
Here the situation is:
When we got his Resignation letter we have not accepted it and we have fixed a meeting with him to discuss about the matter.
After that meeting he told me to join back and he sent us a mail for Apology and Taken a back the resignation.
So my question is:
1. Can we terminate that employee as he has taken a back his resignation?
2. Or if its not possible than can we accept his resignation though he has taken a back?
3. What should be the ideal option?
For one thing we have clearly decided that we do not want that employee in our company.
Dear HR Members kindly give me your valuable thoughts so I can proceed.
From India, Pune
32My one of the employees has given resignation and than he had taken a back his resignation by saying that he has made this decision in anger.
Here the situation is:
When we got his Resignation letter we have not accepted it and we have fixed a meeting with him to discuss about the matter.
After that meeting he told me to join back and he sent us a mail for Apology and Taken a back the resignation.
So my question is:
1. Can we terminate that employee as he has taken a back his resignation?
2. Or if its not possible than can we accept his resignation though he has taken a back?
3. What should be the ideal option?
For one thing we have clearly decided that we do not want that employee in our company.
Dear HR Members kindly give me your valuable thoughts so I can proceed.
From India, Pune
Hi Sneha Joshi,
Please be clear, you have mentioned that once he resigned you called in for a meeting and convinced him, so he pulled the resignation back. Now you do not want that employee to be associated with your company? Also, "we do not want that employee in our company", who is that WE, if it is the management then there should be a cause and I think that itself is sufficient to terminate that employee. Please correct me if I have understood your query wrong.
From India, Bangalore
Please be clear, you have mentioned that once he resigned you called in for a meeting and convinced him, so he pulled the resignation back. Now you do not want that employee to be associated with your company? Also, "we do not want that employee in our company", who is that WE, if it is the management then there should be a cause and I think that itself is sufficient to terminate that employee. Please correct me if I have understood your query wrong.
From India, Bangalore
Often when employee take back his/her resign he starts thinking that he has made his value..Sometimes attitude changes and he boasts like company need his services,they cant survive with him so they retained him.Such attitude affects the work enviornment and thus management feels like terminating the person.Its the reality.
Another case after resigning employees comes to know the hr policy like salary hold,fnf process thus he decides to take back the notice and leave the company after getting salary.
I think something like this has happened with Sneha but I think if the resignation matter has been resolved then we cant proceed with same logic again.If you want to terminate the person then initiate the process from begining,find the reason,and give notice to emplyee and terminate him..
Stretching the past issue to resolve the present issue is not a good thing.If you want to terminate the person whom to want to retain earlier then give a genuine reason and terminate him.
Good Luck
From India, Mohali
Another case after resigning employees comes to know the hr policy like salary hold,fnf process thus he decides to take back the notice and leave the company after getting salary.
I think something like this has happened with Sneha but I think if the resignation matter has been resolved then we cant proceed with same logic again.If you want to terminate the person then initiate the process from begining,find the reason,and give notice to emplyee and terminate him..
Stretching the past issue to resolve the present issue is not a good thing.If you want to terminate the person whom to want to retain earlier then give a genuine reason and terminate him.
Good Luck
From India, Mohali
Though the employee has resigned out of anger or for any other reason, the mgt has called him for discussion and subsequently, he had withdrawn, now we cannot ask him to leave the company. In principle, it is not a fair deal. It gives wrong message to the rest of the managers in the company. I suggest not to ask him to leave the company.
From India, Hyderabad
From India, Hyderabad
Further to what the seniors said above when the employee wanted to resign, you did not accept it and probably coaxed him to stay as he has withdrawn the resignation after the meeting only. After making him stay, you want to terminate him.Did you make him stay so that you can terminate him as a reprisal for something that might have taken place as resignation might deny that opportunity.There are gaps in the information furnished. Termination is a serious matter and answers to questions about it cannot be sought so casually.
B.Saikumar
From India, Mumbai
B.Saikumar
From India, Mumbai
Dear Ms.Joshi,
It is you/management who called for the meeting to reason it out with him to withdraw resignation and once he has done so--citing any reason it is unethical to want him out.
As the minutes of meeting will not be on record for obvious reasons, you may , in terms of law may accept his resignation but it will be in bad taste.
It will be better in case the employee is allowed to continue.
Regards,
Col.Suresh Rathi
From India, Delhi
It is you/management who called for the meeting to reason it out with him to withdraw resignation and once he has done so--citing any reason it is unethical to want him out.
As the minutes of meeting will not be on record for obvious reasons, you may , in terms of law may accept his resignation but it will be in bad taste.
It will be better in case the employee is allowed to continue.
Regards,
Col.Suresh Rathi
From India, Delhi
Dear Sneha,
While handling this matter, there appears to be immaturity on the part of employee as well as from HR side. HR or management did not want some staff member to continue in the company. When this very person submits letter of resignation, instead of accepting the resignation quietly, what was the need to call employee for meeting? This very meeting has come handy for employee to withdraw his resignation. His withdrawal of resignation has put you in the bind!
Instead of calling employee for meeting, if you had issued "Acceptance of Resignation" letter, this problem would not have arisen at all.
Secondly, you have not written what transpired in the meeting. Did you tell him to withdraw the resignation? What was the cause of his resignation? How are his relations with his HOD? What is his performance level? Why you do not want this person to continue?
Now you have two options. One is to allow employee to continue. Another is issue him letter stating that management has accepted letter of his resignation. This is choosing between rock and hard place. Therefore, choice does not matter.
Thanks,
Dinesh Divekar
From India, Bangalore
While handling this matter, there appears to be immaturity on the part of employee as well as from HR side. HR or management did not want some staff member to continue in the company. When this very person submits letter of resignation, instead of accepting the resignation quietly, what was the need to call employee for meeting? This very meeting has come handy for employee to withdraw his resignation. His withdrawal of resignation has put you in the bind!
Instead of calling employee for meeting, if you had issued "Acceptance of Resignation" letter, this problem would not have arisen at all.
Secondly, you have not written what transpired in the meeting. Did you tell him to withdraw the resignation? What was the cause of his resignation? How are his relations with his HOD? What is his performance level? Why you do not want this person to continue?
Now you have two options. One is to allow employee to continue. Another is issue him letter stating that management has accepted letter of his resignation. This is choosing between rock and hard place. Therefore, choice does not matter.
Thanks,
Dinesh Divekar
From India, Bangalore
If the employee has taken back the resignation before its acceptance by the management as Ms Sneha has stated in the query. So it has lost chance to accept and relieve the employee. Now if it wants to terminate it will have to have strong grounds and follow the procedure for termination. Such an act will no doubt affect morale of the employees working and will leave a bad taste in the mouth of all concerned.
Anyway I can not resist stating that the thought of termination in this case smacks of vindictiveness of the management.
A S Bhat
From India, Pune
Anyway I can not resist stating that the thought of termination in this case smacks of vindictiveness of the management.
A S Bhat
From India, Pune
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Resignation acceptance format.doc