Can the employee reconsider his resignation?
Verified 12 May 2023 - Legal and Administrative Information Directorate (Prime Minister)
Resignation is a form of termination of the contract of employment which allows the employee to terminate his contract.
Sometimes the employee wishes to cancel his resignation.
Can the employee reconsider his resignation? In what cases can it do so? What are the consequences of quashing his resignation?
We're doing an update on the regulations.
YesIn some cases, the employee may resign, this is called a retraction. This is particularly the case when there is doubt or ambiguity as to whether he really wants to resign.
Warning
the employee who expresses his will clear and unequivocal to resign cannot retract that resignation.
Special circumstances may justify the resignation of an employee. This is the case, for example, if the resignation is submitted:
- Angry or emotional
- Under the influence of mental disorders (e.g. nerve depression)
- Following pressure from the employer (e.g. threat of dismissal for serious misconduct)
- As a result of the employer's misconduct
The consequences differ depending on whether or not the employer accepts the employee's request.
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The employer accepts the employee's withdrawal
The employer may accept the employee's withdrawal and offer him reinstatement.
The contract is not broken and continues as normal.
Employer refuses employee's retraction
The employee may to refer the matter to the labor council if the employer refuses to withdraw it.
The employee may:
- either request that his resignation be canceled in the event of a defect in his consent (resignation drafted by the employer and signed by an employee threatened with dismissal, for example),
- or request the reclassification of his resignation in acknowledgement in the event of the employer's failure to act. This is the case, for example, if the resignation follows unpaid work by the employer.
The labor court may then reclassify the act of dismissal without real and serious cause if the employer's failure is justified.
Warning
the employee may not invoke a defect of consent leading to the cancelation of his resignation and request reclassification as a dismissal without real and serious cause. He has to choose one of the 2 applications.
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