Can the employee reconsider his resignation?

Verified 15 November 2024 - Directorate for Legal and Administrative Information (Prime Minister)

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 has expressed his will clear and unequivocal to resign cannot retract that resignation.

Cases which may justify the withdrawal of the employee

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.
Consequences of the employee's withdrawal

The consequences differ depending on whether 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  

An employee may not invoke a defect of consent resulting in 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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