Useful Info

Recommended resignation is not a legal term but a term commonly used in personnel management. It refers to the termination of the employment relationship through the employer encouraging the employee to resign and the employee accepting this and submitting a resignation letter.

Generally, since the employee has submitted a resignation letter, it is not considered dismissal but rather voluntary resignation (resignation). However, depending on the circumstances, its validity must be examined in light of the legal principles restricting dismissal. In other words, forcing an employee who does not intend to resign to submit a resignation letter due to unilateral pressure from the employer, and then accepting it as grounds for resignation, is in substance a termination of the employment relationship against the employee's will, and is thus evaluated the same as dismissal.

Although both recommended resignation and dismissal involve the company first expressing the intention of 'please leave,' they differ significantly in that recommended resignation leaves the final decision on whether to leave the company to the employee. In other words, recommended resignation involves inducing the employee in some way to express their intent to resign (by submitting a resignation letter or verbally indicating resignation intent), and the company accepting it, which is viewed as a mutual agreement to terminate the employment contract.