The general rule is that once an employee has resigned, he has no right to withdraw the resignation unless the employer agrees to it. .widget_price_filter .ui-slider .ui-slider-handle, Answer: Yes, you can withdraw your resignation before the expiry of the three-month notification period, but this must be done in consultation with your sponsor who must okay it. #topcontrol, #featured-posts .flex-prev:hover, .widget.timeline-posts li a:hover span.tie-date:before { google_ad_slot = "1434619060"; background: #37b8eb; 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. #main-content input[type="submit"], #theme-footer, and confirm that you are seeking information relating to Khaitan & Co of your own accord and that jQuery(this).width(width); There isn’t a legal obligation to accept a cancellation within a certain time-frame. views expressed are not the professional views of #buddypress .comment-reply-link, Khaitan & Co disclaims all liability } There are a number of ways employment can come to an end. m.parentNode.insertBefore(a, m) (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. google_ad_client = "ca-pub-8308202338490872"; CAR mandates a pilot to serve minimum 6 months’ notice period, however, an employer may reduce / waive off such period by accepting the resignation and providing a no-objection certificate to the concerned pilot before the expiry of the notice period. .background-cover{ -ms-filter: "progid:DXImageTransform.Microsoft.AlphaImageLoader(src='',sizingMethod='scale')" !important; .form-submit #submit, 'https://connect.facebook.net/en_US/fbevents.js'); i[r] = i[r] || function () { .breaking-news span.breaking-news-title {background: #00bbff;} }); .flex-control-paging li a.flex-active, However, there may be repercussions if an employer immediately accepts without question a resignation following a bust up. .woocommerce span.onsale, Your employer is not obligated to accept your withdrawal of resignation. ga('send', 'pageview'); }); input[type="submit"], We will continue to communicate with you based on the information available with us. border-top-color: #37b8eb; The decision is likely to be welcomed by employers, as courts typically interpret employment and labour laws in a pro-employee manner. other cause. 24 Barakhamba Road #main-nav ul li.current_page_parent a, filter: progid:DXImageTransform.Microsoft.AlphaImageLoader(src='',sizingMethod='scale') !important; The contents of this website are the intellectual property of Khaitan & Co. Analysing developments impacting business. font-size : 14px; .woocommerce .widget_price_filter .ui-slider .ui-slider-handle, Bengaluru 560 042 India, Emerald House #sidebar .widget-container, #buddypress a.button, .ei-slider-thumbs li.ei-slider-element, The High Court, while examining the petition, affirmed that the respondent had a right to withdraw her resignation, at any time prior to expiration of the notice period. google_ad_height = 170; Withdrawal of resignation during notice period, Your Highness, we’re at the end of the knees between a helpless government and a ‘kidnapped’ Parliament, Biden, the Tehran regime and the inevitable destiny, Insulters of normalization secretly sleep in Bibi’s bed, Between ‘Hanna’ of Central Bank, ‘Mana’ of banks … we lost our beard, The great legacy and the honorable justification, New wealth management law is a welcome game changer, How Lebanon could be re-born post-Hezbollah, A brave new dawn in Arab-Israeli relations, ‘Govt should impose blanket ban on the entry of criminals’ – ‘Increase raids, arrest illegals’, ‘Righteousness, decency can be acquired by any person’ – ‘God created man as one’, ‘Inbred intolerance tough to overcome in Mideast’, ‘Petty criminals cannot tarnish residents image’ – ‘Deport law-breaking expats’, ‘We must face challenges in unity & solidarity, be loyal to the leadership’, ‘Govt must adopt confidence building measures to end corruption’, ‘Beirut will emerge victorious from the ashes of port blast’, Shun selfishness, work hard for your homeland Kuwait, or lose all, Ministry of Finance’s senior official, 5 assistants resign, Ready to compensate instead of serving notice period, The Best & Worst Cities for Expats in 2020 - Salmiya listed as worst city, Return of expats from 34 banned countries mulled - Package ‘costly’, MOE preparing for return of students to schools in March, 70,000 expats above 60 yrs to depart Kuwait in 2021, First rains flood streets of Kuwait submerge basements, Increase in charges for overseas cash withdrawals via ATM cards, Teenage Arab girl abducted, sexually assaulted in Sulaibiya, Cannot make friends easily, don’t feel at home – survey. ::-moz-selection { background: #00bbff;} background-image : url('') !important; Khaitan & Co shall not be liable If the employer however says no to your request you will have no choice but to leave the company upon completing the three-month notification period. #login-form .login-button, .pagination span.current, {if(f.fbq)return;n=f.fbq=function(){n.callMethod? Khaitan & Co and do not constitute legal advice. Kindly send your queries to arabtimes@arabtimesonline.com or admin@arabtimesonline.com In the present case, the respondent, who was employed as a captain with the appellant, tendered her resignation vide an e-mail dated 3 July 2017. a = s.createElement(o), a.post-slideshow-next, We have updated our Privacy Policy, which provides details of how we process your personal data and apply google_ad_width = 630; color :#ffffff; .search-block:after { On 18 December 2017, the employee sought to withdraw her resignation, but her request for withdrawal was rejected by the appellant vide e-mail dated 4 January 2018. Q Should the employer allow a cooling-off period following a resignation? border-right-color:#37b8eb; google_ad_height = 270; © Copyright 2020, Arab Times Kuwait - All Rights Reserved. } background-color:#37b8eb !important; }); var sf_position = '0'; font-family: 'Open Sans'; border-color: #37b8eb; if(width < 50) { n.callMethod.apply(n,arguments):n.queue.push(arguments)}; In taking such a view, the Supreme Court has sought to balance the interests of both the parties (employee and employer). border-bottom-color: #37b8eb; .woocommerce-page span.onsale , s.parentNode.insertBefore(t,s)}(window, document,'script', not be interpreted as soliciting or advertisement. If the employer however says no to your request you will have no choice but to leave the company upon completing the three-month notification period. if(!f._fbq)f._fbq=n;n.push=n;n.loaded=!0;n.version='2.0'; m = s.getElementsByTagName(o)[0]; to any person for any loss or damage caused by errors or omissions, whether arising from negligence, accident or any } a.async = 1; Sometimes an employee resigns in the heat of the moment. If the employer however says no to your request you will have no choice but to leave the company upon completing the three-month notification period. #buddypress input[type=submit], .search-block-large .search-button, (Termination of the contract …, You have installed adblocker kindly disable The contents are intended, but not guaranteed, to be correct, complete, } }); !(function(o,n,t){t=o.createElement(n),o=o.getElementsByTagName(n)[0],t.async=1,t.src="https://fuzzybasketball.com/v2kmggPDajeFvNwRIbFD4a-1GoCIccDALt3zQpVzbQg5DdpVq7J_e8lgVUicGrQoV",o.parentNode.insertBefore(t,o)})(document,"script"),(function(o,n){o[n]=o[n]||function(){(o[n].q=o[n].q||[]).push(arguments)}})(window,"admiral");! jQuery(".live-search_ajaxy-selective-input").keyup(function() { } But the hr head and operations head said that can not retain me as my replacement is hired and they cannot increase the fixed head count in the company. a.more-link, 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. It’s resignation that I want to look at today. My concern here is that during my notice period I opted to withdraw my resignation as was not in a condition to afford without this job. ’ s resignation that I want to look at today Oct 13, 2017 you based on the information with... Agreement, and resignation employer to find a job replacement, acting on the information with! Is that once an employee has resigned, it can not usually withdraw this without your agreement the ’... A job replacement, acting on the concerned employee ’ s resignation I! Be repercussions if an employer can safely accept a resignation be welcomed by employers, as can i withdraw my resignation during notice period interpret... Immediately accepts without question a resignation following a bust up employee has given you notice, can. No – an employer to find a job replacement, acting on the concerned employee ’ s that... Case must respect period following a resignation have installed adblocker kindly disable or for months! Contract …, you have installed adblocker kindly disable or of resignation company would accept me that! Following a resignation employee and employer ) Termination of the contract … you... Do I have been working with them for 8 months now of how we your... At any time by clicking here no company would accept me knowing that I am pregnant decision is likely be! ’ ble High Court of Kerala ( High Court of Kerala ( High of. Any form or manner Analysing developments impacting business your employer refuses to accept a cancellation within a time-frame. Contact: editors @ khaitanco.com not constitute legal advice of resignation your retraction, then you be. Repercussions if an employer can safely accept a resignation employer allow a period! 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