Many employees would like to resign but do not dare because they do not have full knowledge of their rights. The resigning must complete a notice period, which is not always a pleasant time. However, under certain conditions notice is not necessary. What are the rules to know?
How to Signify This Resignation?
To resign, you must inform the employer. The law does not provide for specific rules. Nevertheless, it is advisable to notify him of the resignation by registered letter with acknowledgment of receipt or by hand-delivering it against discharge. This makes it possible to guarantee proof of the letter. Be careful, however, because it often happens that the rules concerning resignation are provided for in the collective agreement, and even in a clause of the employment contract. In this case, the employee must comply.
What Is The Notice?
The notice period is the period during which the employee must still perform his work and report to the company before leaving it, after he has notified his departure, in the case of a resignation, or has been meant, in the event of a dismissal.
When Does the Notice Start?
The notice starts from the moment the resignation is notified, that is to say when the employer receives the letter of resignation.
What Happens During The Notice?
During the notice period, the employee must perform his work in the normal way. If he does not do so, then it is constitutive of a fault. For his part, the employer cannot reduce the remuneration of his employee, on the other hand, if he increases that of his other employees, he is obliged to do the same for the resigning.
What happens after the notice?
After having given the notice, the employment contract is definitively terminated. The employee must therefore leave the company.
Reason to Give Two Weeks’ Notice?
From an employee’s perspective, giving an employer two weeks’ notice is an act of courtesy. It allows the employer to find a replacement and to make a smoother transition to the new employee. Giving notice may also help preserve a professional relationship between the employer and the former employee. Sometimes, although not required, the act of courtesy is rewarded with a positive employer recommendation in the future. In addition, it encourages a positive professional relationship, which may leave the door opened for future employment if the employer chooses.
How Long Is The Notice Period To Be Observed In The Event Of Resignation?
The period of notice to be completed by a resigning employee is set:
Either by the collective agreement applicable in the company; or by a collective company agreement. Otherwise, it is set either by the practice practiced in the profession or by local practice.
The employment contract may provide for a different period of notice, but this may in no case be longer than that provided for in the collective agreement, even if the latter authorizes it. It is prohibited by law.
The first thing to do is therefore to check what the collective agreement says, then the usage.
If nothing is provided for by the convention, the collective agreement, and by the uses, no notice is to be carried out. Neither the employment contract nor an internal regulation can compensate for this deficiency.
Reasons For Waiving Notice In The Event Of Resignation
- The resigning employee must give notice, except if he is in one of the following cases:
- The employee in a medically certified state of pregnancy;
- The employee wishing to raise his child after maternity or adoption leave;
- The employee who took leave for business creation ;
- Journalists resigning under the conscience clause.
Apart from these special cases, the employee can always ask to be exempted from all or part of his notice, this request having to be made in the letter of resignation. The employer remains free to accept or not the request and he is not required to justify his decision.
However, he must notify it in writing. If he gives his consent, the employment contract ends on the date agreed by the parties. If he refuses, the employee must respect his notice until the end.
The employer can also require that the notice is not given without the employee being able to oppose it.
In return, the latter will receive a compensatory indemnity corresponding to the salary he would have received if he had given his notice.
Employer Exemption
Your employer may decide to dispense with notice. However, you will not be able to refuse because he exercises his power of direction which is one of his prerogatives. To dispense with notice, the employer must notify you unequivocally and clearly, that is to say, you must be able to understand without any problem that what he is sending you is a waiver of notice.
If it is the employer who dispenses with the notice, he must pay his former employee compensation in lieu of notice. This is not the case when the employee requests it.
To Finish Up…
When an employee leaves a company, the employer may expect them to give two weeks' notice, however, this is not always the case. Despite workplace etiquette and norms, there are no regulations requiring employees to give any notice, much less two weeks' notice, before leaving. Sure, there are contracts that can affect remuneration or result in a lawsuit if they are broken, but there are no legal safeguards in place when an employee decides to quit.
So If possible, give two weeks’ notice. This is a gesture of professional courtesy. As we said before nothing in the law requires it. Therefore, if for any reason you need shorter notice, nothing prevents you from doing so. However, you will be acting in good faith if you give two weeks' notice and even more if you occupy a position that is difficult to replace.