Question from a reader:
I wish to resign, but my supervisor is currently on leave, and my resignation is not being approved. In this case, is it legally possible for my resignation to be denied? If my supervisor is actually on leave, can my resignation be put on hold?

Legal Perspective on Resigning When Your Supervisor is Absent

Considering resignation but
facing delays due to your supervisor’s absence can be a very stressful situation. I have had a similar experience in the past. Today, I would like to reflect on this issue from a labor law perspective, incorporating my own experiences.

Relationship Between Resignation Intent and the Law

First, regarding the expression of intent to resign, according to Article 16 of the Labor Standards Act, workers can submit their resignation at any time. Specifically, the rule states that the resignation becomes effective two weeks after the date of the resignation notice. This rule remains unchanged even if your supervisor is on leave. For example, when my friend was working at a large company, his supervisor unexpectedly went on a long leave. He felt anxious that his resignation process was stalled for that reason, but based on the Labor Standards Act, he successfully submitted his resignation directly to the HR department. In this way, even if your supervisor is absent, it is possible to utilize other routes.

Resignation Procedures When Your Supervisor is Absent

Even if your supervisor is absent, there are several ways to proceed with the resignation process. First, it would be wise to consult with the HR or general affairs department. They should be knowledgeable about the necessary documents and procedures for your resignation. Additionally, a common issue that arises during your supervisor’s absence is “lack of communication.” If you cannot convey your intention to resign to your supervisor, there is a risk that your situation may be left unresolved. I experienced this as well, and I realized that during such times, it is important to “take proactive steps.”

Clarifying the Reason for Resignation and Legal Perspective

Next, I would like to touch on the reasons for resignation. For instance, if you are struggling with the work environment or interpersonal relationships, it is important to clearly organize those reasons. This may allow you to explore a path to resign amicably in some cases. A friend of mine clarified his reasons while his supervisor was absent and expressed his desire to resign for a positive reason, stating he wanted to “take on new challenges.” As a result, when his supervisor returned, his intention was respected, and the resignation process went smoothly. By clearly communicating your reasons for resignation, you may be able to create a cooperative environment.

What to Do If Your Resignation is Not Approved

If your supervisor’s absence continues and your resignation is not approved, what should you do? According to the Labor Standards Act, an employer cannot refuse a resignation without a valid reason. Therefore, as long as you are properly expressing your intent to resign, it is not legally possible for your resignation to be denied. In fact, in a case I know of, an employee was struggling because their resignation was not approved due to their supervisor’s absence, but ultimately they appealed to the HR department and were able to formally resign. It is important to act based on legal grounds.

In Conclusion: Value Your Feelings

Thinking about resignation often involves a variety of thoughts and emotions. There may be excitement about a new environment and lingering feelings for your current workplace, leading to conflicting emotions. However, to value your life and career, sometimes it is necessary to make a courageous decision. When I decided to resign, I was filled with anxiety, but in the end, I am confident that my choice was the right one. Therefore, I hope you also value your feelings and choose the best path for yourself. It is important to think about what choice is best for your future career and to clearly express your intentions. Good luck!