Does the employee have to give notice in case of resignation linked to the transfer of the spouse?

Verified 28 July 2023 - Legal and Administrative Information Directorate (Prime Minister)

Yes, the employee who resign to follow the person with whom he lives in pairs, must perform a notice.

The employee may be exempted by his employer from giving notice at his own request or at the request of his employer. In some situations, there is no notice required.

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The employee gives notice

The employee who resigns must respect a notice. He can't leave the company immediately.

The notice, where provided, shall always be carried out. The employment contract continues to be performed normally until it's over.

If the employee don't respect him, the employer may claim payment before the conseil de prud’hommes.

The employee is exempted from giving notice

The employee may be exempted from notice:

  • TO his request and after acceptance of the employer (a written statement is, however, advisable). In this case, the compensation for notice is not due.
  • Or the only one employer initiative. The latter must nevertheless pour the compensation for notice.

Cases where no notice is given

In some situations, there is no notice required.

Pregnancy

A medically established pregnant employee may to terminate his employment contract without notice and without duty to pay severance pay.

Birth or adoption of a child

At the end of maternity or adoption leave and for to raise a child, the employee may to terminate his employment contract without notice, or duty to pay severance pay.

The employee must inform at least his employer 15 days in advance before the end of maternity or adoption leave, or 2 months after the birth or arrival at home of the child.

Journalist

A journalist may resign without notice if there is a change notable in the character or log orientation or the periodical for which he works. This is called a conscience clause.

This change must create for the journalist a situation of a nature to bear attack on his honor, to its reputation or, in general, to its moral interests.

FYI  

some collective agreements provide that the employee is released from notice when he or she found another job.

A simulator is used to calculate the length of notice that employees must give in the event of their resignation:

Calculate the duration of the notice of resignation according to the collective agreement

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