Withdrawal of Resignation

Withdrawal of Resignation

Question: Can an employee withdraw his/her resignation ?

It happens where an employee submitted resignation. Subsequently, for whatever reason the employee decided to withdraw his resignation. He may submit another letter titled "Withdrawal of Resignation."

The law is clear in that an employee who tenders his/her letter of resignation, ends his/her employment contract unilaterally and upon resignation, the relationship of employer and employee is dissolved.

Lim Beng Choon J had referred to the Indian case of Jawala Prasad v. State of UP AIR [1954] ALL 638 where his lordship quoted the passages of the judgment of Justice Malik CJ:-

"No question of withdrawal could then arise, his resignation having been already accepted. Even if his withdrawal of resignation application had been received before the resignation was accepted, he could not claim an absolute right to withdraw his resignation. The resignation was unconditional and whether he could be permitted to withdraw that resignation is a matter within the discretion of the appointing authority."

In Industrial Court of Malaysia Case No:4/4-1360/18 between Kong Suit Fun and Emerico Sdn Bhd Award No: 154 OF 2020, Y.A. Tuan Augustine Anthony held,

"In view of the above cases cited, this Court holds the view that there is no legal obligation on the part of a Company to communicate its acceptance of resignation and that a resignation once tendered cannot be withdrawn otherwise than with the consent of the employer.

Conclusion By tendering resignation, an employee unilaterally ends the employment contract. If he decided to withdraw his resignation, the ball is in the court of the employer. The employer can accept his resignation regardless of his withdrawal of resignation or allow his withdrawal of resignation.