A local court in Dongguan reportedly rejected an employee’s claim for revoking his voluntary resignation. The employee reportedly signed a statement of voluntary resignation presented to him by the company after he was caught by the company stealing company property. However, the employee later challenged the validity of the voluntary resignation on the grounds that he did not read through the statement of voluntary resignation. The employee thus sued the company for payment of compensation for wrongful termination and unpaid overtime payment, which equalled approximately RMB 150,000 in total. Viewing the employee as an adult who is able to read, the court reportedly held the voluntary resignation enforceable and rejected the employee’s claim for payment of wrongful termination compensation. However, the court found that the employee had worked overtime extensively and had not taken annual leave during his long years of service with the company. The court therefore ordered the company to pay to the employee compensation in the amount of almost RMB 10,000.
This case shows that normally it would be difficult for an employee to revoke a resignation letter or other termination agreement as long as it has been properly signed and there is no direct proof of coercion.