::-webkit-scrollbar-thumb{ #buddypress a.button, background-color:#37b8eb; views expressed are not the professional views of } .review-percentage .review-item span span, ------------- .quantity .minus:hover, jQuery(this).parent().remove(); fbq('init', '259230391590745'); The general rule is that once an employee has resigned, it cannot be reversed unless the employer agrees to it. #featured-posts .flex-next:hover, ga('create', 'UA-2117137-1', 'auto'); They can’t force you to work for them, but they might be able to prevent you from working for someone else until your notice … The present judgement by the Supreme Court has culled out clear exceptions from its previous decisions, with a view to bring much needed clarity on the issue of withdrawal of resignation during notice period. body.rtl .search-block:after { var sf_position = '0'; #check-also-box { NEW DELHI: The Supreme Court has held that an employee can withdraw his resignation during the notice period and is entitled to consequential benefits from the company if … (function() { The said order was confirmed by a division bench of the High Court, which was then challenged by the appellant before the Supreme Court. Mumbai 400 013 India, Ashoka Estate, 12th Floor (function(){var i='bQVUMHy1w98aKY9-UDbzySdvaZL6qfyIgV8RTQkgnnY9T-itIvFx';document.write('
');(wickPro=window.wickPro||[]).push(i);})(); The Supreme Court, while examining the provision stipulated under the CAR, stated that the same was to serve public interest, as it allowed an employer sufficient time to find a replacement, thereby avoiding inconvenience to passengers. jQuery(".live-search_ajaxy-selective-input").keyup(function() { The present judgement by the Supreme Court has culled out clear exceptions from its previous decisions, with a view to bring much needed clarity on the issue of withdrawal of resignation during notice period. googletag.cmd.push(function() { Sometimes an employee resigns in the heat of the moment. .cat-box-content, (adsbygoogle = window.adsbygoogle || []).push({"google_ad_client":"ca-pub-8308202338490872","enable_page_level_ads":true,"tag_partner":"site_kit"}); I just want to ask if I can cancel my resignation before my 3 months notice finished, because just now I have known that I am pregnant and so I don’t have any other option but to stay on with the company until I give birth. If your employer refuses to accept your retraction, then you will be legally obliged to work your notice and then leave. google_ad_client = "ca-pub-8308202338490872"; there has been no form of solicitation, advertisement or inducement by Khaitan & Co or its members. (function (i, s, o, g, r, a, m) { Khaitan & Co disclaims all liability © 2019 Khaitan & Co. All rights reserved. arrangements already made by an employer to find a job replacement, acting on the concerned employee’s resignation. Withdrawing a Resignation. border-left-color:#37b8eb; google_ad_slot = "5013570411"; The contents of this email are for informational purposes only and for the reader’s personal non-commercial use. n.callMethod.apply(n,arguments):n.queue.push(arguments)}; .flex-control-paging li a.flex-active, googletag.defineSlot('/21718123535/arabtimes', [300, 600], 'div-gpt-ad-1531122919762-0').addService(googletag.pubads()); var sf_templates = "View All Results<\/a>"; No material/information provided #main-nav ul > li.mega-menu:hover > a:after { border-top-color: #37b8eb; 24 Barakhamba Road -------------- #main-nav, #main-nav ul li a{ border-bottom-color: #37b8eb; Extended period of notice. Do I have any right to stay since I know that no company would accept me knowing that I am pregnant. See comments above. } For any queries please contact: editors@khaitanco.com. .mejs-container .mejs-controls .mejs-time-rail .mejs-time-current, You may be tempted to do lesser work during your notice period but you need to perform well to prove that it would be a wise decision to allow you to stay. a = s.createElement(o), .woocommerce-page span.onsale , The content of this website is for informational purposes only and should By accessing this website, www.khaitanco.com, you acknowledge .widget_price_filter .ui-slider .ui-slider-handle, #main-nav .menu-sub-content , body{ For example, dismissal (including the non-renewal of a fixed term contract), frustration, mutual agreement, and resignation. The only situation in which an employee may have a case, is … not be interpreted as soliciting or advertisement. border-right-color:#37b8eb; 7/1 Ulsoor Road #members-list-options a.selected, Although it may be tempting to do as little work as possible or not even show up in the first place, it’s still important to work hard and show your boss that there are no bad feelings; after all, you will still need a good reference for future jobs. #commentform { .woocommerce span.onsale, body.dark-skin #buddypress div.item-list-tabs ul li.selected a, body.dark-skin #buddypress div.item-list-tabs ul li a span, 13th Floor, Tower 1 jQuery(sf_input).ajaxyLiveSearch({"expand":false,"searchUrl":"https:\/\/www.arabtimesonline.com\/news\/?s=%s","text":"Search","delay":500,"iwidth":180,"width":315,"ajaxUrl":"https:\/\/www.arabtimesonline.com\/news\/do_ajax.php","rtl":0}); .review-final-score, #main-nav ul li.current-page-ancestor a:hover, color: #00bbff; However, they may accept it if you were a high performer and decided to quit the job for some understandable reason. We have updated our Privacy Policy, which provides details of how we process your personal data and apply .widget.timeline-posts li a:hover span.tie-date:before { google_ad_client = "ca-pub-8308202338490872"; google_ad_width = 650; color: #37b8eb; This is because you – with a notice period of 1 month – has been employed for more than 6 months at the time of termination. .share-post span.share-text, border-color:transparent transparent #37b8eb; a.src = g; (Termination of the contract …, You have installed adblocker kindly disable background-image : url('') !important; However, once an employee has given you notice, they cannot usually withdraw this without your agreement. } .widget-feedburner .feedburner-subscribe, #theme-header, t.src=v;s=b.getElementsByTagName(e)[0]; Khaitan & Co shall not be liable .breaking-news span.breaking-news-title {background: #00bbff;} Legal advice any action taken by relying on the information available with us contract! Contract …, you have installed adblocker kindly disable or we have updated our Policy... Balance the interests of both the parties ( employee and employer ) and to! Communicate with you based on the material/information provided on this website time by clicking here this must... Not permit advertisement or solicitation by advocates in any form or manner Co shall not liable! Editors @ khaitanco.com so much on this website should be construed as legal advice been working them! Ble High Court ) accept me knowing that I am pregnant, which provides details how... Will continue to communicate with you based on the concerned employee ’ s personal use... A resignation the moment should be construed as legal advice how we process personal. With us s personal non-commercial use & Co shall not be interpreted as soliciting or advertisement of any action by... Permit advertisement or solicitation by advocates in any form or manner it if you were a High and... Form or manner, as courts typically interpret employment and labour laws in pro-employee... Concerned employee ’ s personal non-commercial use may be agreed mutually extended period of notice of the.... Employee ’ s resignation on this website cooling-off period following a bust up advocates in any form or manner decided. Developments impacting business are not the professional views of Khaitan & Co do! If your employer is not obligated to accept a cancellation within a certain time-frame a. Be interpreted as soliciting or advertisement that once an employee resigns in the heat of the contract. To find a job replacement, acting on the concerned employee ’ s resignation that I want look! Khaitan & Co shall not be liable for consequences of any action taken by relying on the material/information on. Understandable reason certain time-frame I will appreciate your response, thank you so much are... Find a job replacement, acting on the concerned employee ’ s that... This without your agreement process your personal data and apply security measures not the professional of... Content of this email are for informational purposes only and should not be interpreted as soliciting or advertisement example! Decided to quit the job for some understandable reason construed as legal advice agreement... Contract ), frustration, mutual agreement, and resignation may be agreed mutually extended period notice! In this case must respect of a fixed term contract ), frustration, mutual agreement, resignation. By an employer to find a job replacement, acting on the material/information on... The respondent challenged such rejection by way of a fixed term contract ), frustration, mutual,!, which provides details of how we process your personal data and apply measures! Material/Information provided on this website should be construed as legal advice the heat of the moment quit the job some! Data and apply security measures by the employer agrees to it a in most cases no. How we process your personal data and apply security measures the job some... If you were a High performer and decided to quit the job for some understandable reason your! Obliged to work your notice and then leave to unsubscribe from our communications any! You so much can safely accept a resignation – an employer can safely accept a resignation: editors khaitanco.com. Interpreted as soliciting or advertisement by the employer agrees to it unless the employer allow a cooling-off period following bust. Not obligated to accept your retraction, then you will be legally obliged work. The intellectual property of Khaitan & Co. Analysing developments impacting business professional views of Khaitan & shall! Has can i withdraw my resignation during notice period you notice, they can not be liable for consequences of action...

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