Usually when it comes to employee leaving a company or as we say it “employee turnover”, the ratio of employees that leave a company annually, companies tend to keep it as low as possible. In other words, companies and organizations prefer to keep their employees for longer times and avoid the circumstances in which employees leave the company. But, besides taking all essential steps, it only depends on the employee if he wants to leave or prefer to stay and if he decides to leave, the employer can’t force him or stop him other than some particular situations.
If the employee signed an agreement known as employment agreement with the employer by the time he joined the company, there are possibilities that he can’t leave the company without consent and permission of the employer or at least not without fulfilling certain criteria. This way if an employee sends his resignation letter to the employer and he doesn’t qualify for such criteria, the employer has the legal right to refuse to accept the resignation letter and force the employee to either change his mind or fulfill the criteria of leaving the job as explained in the service agreement signed by both the employer and employee.
For example, there is written in the agreement that as the employee got signup bonus when he joined the company, if he wants to leave, he has to pay that bonus back to the employer. Another example is that the employer can’t let the employees leave the company right after providing them a training or career development sessions and if the an employee wants to leave in this situation, he will have to pay for the training sessions to the employer as per the service contract. After the employer refuses the resignation letter, the employee can negotiate on the resignation terms with the employer and as they reach a mutual ground, the employer can accept the resignation letter.
Sample Refusal to Accept Resignation Letter
Designation in company:
Designation in company:
Dear (Recipient’s name),
Yesterday I received a resignation letter from you stating that you are leaving this company and you have given 2 weeks of notice period. I am writing his formal notification to you in order to notify you that I have refused to accept your resignation.
When you joined this company, you signed the service agreement and according to this agreement, you can’t leave the company in between an order worth more than $500,000 and if you can recall, we are currently going through such order and as I spoke to the project supervisor, it will take 1 more month to complete this order. Before this order is completed, you can’t leave the company as per the service agreement.
I hope you can understand this situation and postpone your decision for at least 1 month or until the above mentioned order is completed and if you still want to leave, we will have to take legal action against you.