My company was in the process of reorganizing, and I received a relocation notice to a rural area. In my circumstances, I could not work in the rural area, and I complained about the fact that I was selected as a candidate, and I had a big fight with my director and submitted my resignation in a fit of anger. When I came home and thought about it, I realized that I had made a big mistake considering voluntary resignation in the uncertain employment environment. I wanted to withdraw my resignation, but the director did not allow it. My resignation was done in a fit of anger, is there any solution?
Whether withdrawal of a resignation is possible or not is handled differently by the court, depending on whether it was a “voluntary resignation” and “agreed resignation.” For voluntary resignations, which is when an employee, completely out of his or her own volition, terminates the labor contract, it cannot be withdrawn without consent of the employer after the intention of the employee has been understood. In practical terms, many argue that they resigned in anger or they were not serious about resigning. However, it is very hard to reverse it.
On the other hand, if the resignation has the characteristics of a termination by consensus, that is, if the employee agrees to terminate the labor contract due to consensus between the employer and employee, the employee will be able to withdraw the resignation freely until the termination of the contract is definitively established, unless withdrawing the resignation would be contrary to the good-faith principle. As a typical example, when an application for voluntary retirement is submitted, there is a certain procedure that requires the employer’s consent to the resignation.
The case in the question above will likely be considered a voluntary resignation due to the unilateral employee decision to terminate the labor contract. Therefore, in this case, it is best to attempt to persuade the employer to allow you to withdraw the resignation since it likely cannot be withdrawn without the employer’s consent.