Can the employee reconsider his resignation?
Verified 29 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
YesIn some cases, the employee can reconsider his resignation, this is called a retraction. This is particularly the case when there is doubt or ambiguity about whether he really wants to resign.
The employee wishing to reconsider his resignation must do so quickly and indicate his intention to return to work.
Warning
The employee who has expressed his will clear and no equivocal to resign cannot reverse this resignation.
Cases that may justify the withdrawal of the employee
Special circumstances may justify this. This is the case, for example, if the resignation is submitted:
- Under the blow of anger or emotion
- Under the influence of mental disorders (e.g. nervous breakdown)
- As a result of pressure from the employer (e.g. threat of dismissal for serious misconduct)
- As a result of wrongful conduct by the employer.
Consequences of the employee's withdrawal
The consequences differ depending on whether or not 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 or her reinstatement.
The contract is not broken and continues normally.
The employer refuses the employee's withdrawal
The employee may refer the matter to the labor court if the employer refuses to withdraw.
The employee may:
- Either request the cancelation of his resignation in case of a lack of consent (resignation written by the employer and signed by an employee threatened with dismissal for example)
- Either request the reclassification of his resignation as taking note in the event of employer failures. This is the case, for example, if the resignation follows unpaid payments by the employer.
The labor court can then reclassify the act as dismissal without real and serious cause if the employer's failures are justified.
Warning
The employee may not invoke a defect of consent leading to the cancelation of his resignation and request reclassification as dismissal without real and serious cause. He must choose one of the 2 requests.
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