The Clock Starts Ticking: Resignation Effective Upon Submission Must a company accept a resignation? Can an employee withdraw the resignation letter once it has been tendered? And can an employer delay “accepting” a resignation letter? In the Judicial Review at the Kuala Lumpur High Court in Rozainah Binti Awang v MISC Berhad, the Court clarified: 1. The employment contract is deemed terminated the moment the employee tenders their resignation, effectively ending their permanent status with the employer and the clock starts ticking from that moment. 2. A resignation is a unilateral act and does not require the company’s acceptance; once submitted, it cannot be withdrawn unless the employer consents. 3. The notice period begins the instant the resignation letter is submitted, regardless of any delay or action by the employer.
Great post Arulkumar Singaraveloo 🫠 This is an important point to clarify: 𝐚 𝐫𝐞𝐬𝐢𝐠𝐧𝐚𝐭𝐢𝐨𝐧 𝐢𝐬 𝐥𝐞𝐠𝐚𝐥𝐥𝐲 𝐞𝐟𝐟𝐞𝐜𝐭𝐢𝐯𝐞 𝐭𝐡𝐞 𝐦𝐨𝐦𝐞𝐧𝐭 𝐢𝐭 𝐢𝐬 𝐩𝐫𝐨𝐩𝐞𝐫𝐥𝐲 𝐜𝐨𝐦𝐦𝐮𝐧𝐢𝐜𝐚𝐭𝐞𝐝 𝐭𝐨 𝐭𝐡𝐞 𝐞𝐦𝐩𝐥𝐨𝐲𝐞𝐫, 𝐧𝐨𝐭 𝐰𝐡𝐞𝐧 𝐢𝐭 𝐢𝐬 "𝐚𝐜𝐜𝐞𝐩𝐭𝐞𝐝." Under common law, once an employee gives clear notice in line with their contract, the notice period begins — regardless of whether the employer agrees, approves, or finds a replacement. Employers cannot legally "refuse" a resignation, and the idea that it only takes effect upon their acceptance is a common misconception. While acceptance letters are often used for administrative and transition purposes, they are not a legal prerequisite for the resignation to be valid. The key is compliance with the notice period stipulated in the employment contract. As professionals, understanding this distinction helps ensure smooth, respectful, and lawful exits for all parties involved.
HR & Admin Manager @ ACO Group Berhad
2moThanks for sharing