Can the employee reverse his or her resignation?
Verified 20 September 2021 - Legal and Administrative Information Directorate (Prime Minister)
Yes, under certain conditions, the employee who has indicated his willingness to return his decision to resign.
Resignation is valid when the will to resign is clear and unequivocal.
If this is the case, the employee cannot return to the company (unless the employer agrees).
However, in the event of ambiguity as to the actual intention to resign, the employee may retract his or her resignation provided that he or she does so promptly.
This may be the case, for example, in the case of resignations to the employer:
- Under the grip of anger or emotion
- Under the influence of psychic disorders
- Either because of pressure (threat of dismissal for misconduct, for example)
In these cases, the resignation given to the employer is invalid.
In the event of a conflict over the validity of the withdrawal, prud'homme council can be entered.
The employee must then present to the judge evidence that he did not have the will to resign (e-mails, medical certificates, certificates of colleagues, letters...).
The prud'homme board can reclassify the resignation as dismissal without real and serious cause.