Can an Employee Withdraw a Resignation?
The short answer: usually not
Once an employment contract has been terminated, an employee generally cannot withdraw their resignation. In most cases, resignation is considered final, unless special circumstances apply.
Case example: resignation under pressure
This was recently addressed by the Court of Appeal in ’s-Hertogenbosch. A maintenance technician was dealing with personal problems and had to take urgent custody of his children. Feeling overwhelmed, he told his employer over the phone that he wanted to quit. A few days later, he met with his employer. A summary of the meeting was written up, stating that the employee had voluntarily resigned. Both parties signed this note.
The next day, however, the technician changed his mind. He claimed he had been pressured into signing and no longer wanted to resign.
Court ruling: intent and understanding are key
The court looked at whether the employee’s intention and declaration aligned at the time of resignation. This is something employers must always check carefully. An employer may not simply assume that an employee’s words imply a voluntary resignation. They must assess whether the employee truly intended to end the employment and understood the consequences.
In this case, the employer had clearly informed the technician that resigning would make him ineligible for unemployment benefits. This was also recorded in the meeting note. As a result, the court found that the resignation was valid and could not be reversed.
Conclusion
Once an employee resigns, the decision is usually final. Employers, however, have a duty to verify whether the resignation was voluntary and informed. If you're unsure whether your resignation was valid — or feel you were pressured into it, it's wise to seek legal advice quickly.
This blog was written by Mr. Stijn Blom
Employment law attorney at expatlawyer.nl B.V. Stijn has extensive experience in employment law and supports entrepreneurs on a daily basis with a wide range of employment law issues. From dismissal cases to drafting watertight agreements and regulations – with his practical and personal approach, he helps employers and employees move forward. Want to know more? Visit Stijn’s page.
Expatlawyer.nl is happy to think along with you if you have questions about the topic of resignations or dismissal law? Feel free to get in touch.
June 2025
