I withdrew my intention to resign, but was I fired? Law: “Withdrawal is valid before the company’s approval.”
A nursing home worker who resigned even though he immediately reversed his intention after sending a text message expressing his intention to resign won the administrative lawsuit filed against the company. On the 13th of last month, the 11th Division of the Seoul Administrative Court ruled in favor of the plaintiff in the lawsuit filed by A, a 60-year-old care worker, against the Chairman of the Central Labor Relations Commission to cancel the unfair dismissal sanctions judgment. Last year, A said to the nursing facility, 'I will only work until the end of this month, so please process my resignation.' I sent a text message. However, tens of minutes later, I withheld my position, saying, 'I will think about it,' and later, as time passed, I reversed my intention, saying, 'Please withdraw my resignation.' However, the management refused to withdraw his resignation, saying that Mr. A had already expressed his intention to leave the company and that it had advertised job openings and hired new personnel accordingly. Accordingly, Mr. A applied to the Local Labor Relations Commission for relief from unfair dismissal. The Jino Committee said that even though the expression of intention to resign was legally withdrawn, the management unilaterally refused to withdraw his resignation. Mr. A ruled in favor of terminating the employment contract, saying that there was no justifiable reason and that it was unfair dismissal in violation of the obligation to notify in writing. However, the result was overturned in the subsequent retrial of the Central Labor Relations Commission. The Central Labor Relations Commission interpreted Mr. A's text message as a 'notice of termination', a unilateral notice, and ruled that it was not an unfair dismissal. It ruled that the worker could not arbitrarily withdraw his intention to resign once it had reached the management. Ultimately, Mr. A disagreed with this ruling and filed an administrative lawsuit in court. The court ruled in favor of Mr. A. The court ruled, "According to the in-house employment contract and employment rules of the relevant nursing facility, workers need to request the employer to accept the employee's compensation in order to avoid liability for damages that would arise in the event of unilateral resignation," and "It is reasonable to view the expression requesting processing of the resignation as an offer to terminate by agreement requesting acceptance of the resignation." At the same time, "Until Mr. A sent the message that he would withdraw the resignation, he received an expression of approval from the management." “There is no truth,” he said, adding, “The fact that the company posted a job advertisement was only a measure to prepare for the shortage of manpower, and the termination of the employment contract agreement does not take effect unless the expression of intention to accept reaches the plaintiff.” Attorney Chang-min Jeong of the Daeryun Law Firm, who represented Mr. A, said, “According to the Supreme Court ruling, an employee can freely withdraw his/her expression of intention to resign until the employer approves it based on the employee’s submission.” He added, “Mr. We did not receive it, and we were able to win the case by emphasizing that the company's internal action of posting a job advertisement could not lead to acceptance.”[View full article]
I withdrew my intention to resign, but was I fired? Law: “Withdrawal is valid before the company’s approval” (Shortcut)