I was put under a Performance Improvement Plan (PIP) which was implemented due to miscommunication and the employer's lack of consideration for the reasons I provided. I was completing my work, albeit crossing deadlines, as I am a fresher with only 9 months of experience in the same company. My colleagues often made numerous comments in code reviews, leading my manager to believe I was incapable of performing the tasks. During the PIP, I was assigned challenging tasks that could not have been completed within a month. Unfortunately, the PIP was deemed unsuccessful, resulting in my termination. Despite this, I was requested to submit a resignation email. Now, I am curious to know if there is any possibility for me to retract my resignation. Can somebody please provide guidance on this matter?
From India, Bengaluru
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From India, Bengaluru
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IT depends on the company's HR policy as to whether an employee could withdraw his resignation already tendered, especially in IT companies, divergent practices are in vogue.
I suggest, on a presumption that you have been working for an IT company, that you need to introspect your thinking to withdraw the resignation for the following reason:
After receiving your letter of resignation, the company may not be obliged to accept your withdrawal request and may choose to let you go instead.
Even if you have a great relationship with your employer and your colleagues, there's a good chance that they will still turn you down at an opportune moment.
It is very difficult to survive under a hostile atmosphere as you may be totally marginalized.
However, legally, if an employee tenders his resignation with a specific date specified for relief/release (e.g., the last date of the notice period), the employer cannot relieve you unilaterally during the middle of the notice period, and further, you are entitled to withdraw the resignation. The employer cannot legally force you out of employment. As per the Supreme Court verdict, even if you are not allowed to work, you are deemed to have been in employment until the last day of the notice period with all consequential benefits like salary and other benefits as if you are in service. Your further continuation in service depends on the employer's action.
Notwithstanding legality, you should reexamine the implications of your withdrawal of resignation in the light of the foregoing suggestions and act accordingly in your own interest.
Panchsen
P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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56I suggest, on a presumption that you have been working for an IT company, that you need to introspect your thinking to withdraw the resignation for the following reason:
After receiving your letter of resignation, the company may not be obliged to accept your withdrawal request and may choose to let you go instead.
Even if you have a great relationship with your employer and your colleagues, there's a good chance that they will still turn you down at an opportune moment.
It is very difficult to survive under a hostile atmosphere as you may be totally marginalized.
However, legally, if an employee tenders his resignation with a specific date specified for relief/release (e.g., the last date of the notice period), the employer cannot relieve you unilaterally during the middle of the notice period, and further, you are entitled to withdraw the resignation. The employer cannot legally force you out of employment. As per the Supreme Court verdict, even if you are not allowed to work, you are deemed to have been in employment until the last day of the notice period with all consequential benefits like salary and other benefits as if you are in service. Your further continuation in service depends on the employer's action.
Notwithstanding legality, you should reexamine the implications of your withdrawal of resignation in the light of the foregoing suggestions and act accordingly in your own interest.
Panchsen
P. Senthilkumar
Email: senprithvib6@gmail.com
Phone: 9884009193
From India, Chennai
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Resignation cum relieving letter.doc