Resignation of an employee

Verified 29 June 2023 - Legal and Administrative Information Directorate (Prime Minister)

Resignation is a way of breaking the DTA: titleContent at the initiative of the protesting employee clearly the will to break his contract. How does the employee inform his employer? Does the employee have to give notice in case of resignation? What is the starting point of the notice in case of resignation? Does the employee receive compensation from his employer in the event of resignation? Does he receive compensation from Pôle emploi?

We're doing an update on the regulations.

The possibility of resigning depends on the type of employment contract of the employee.

DTA

The resignation is a breakup of the employment contract which enables the employee to leave his job. The employee must protest clearly and in no equivocal the desire to break his employment contract.

The employee has not the obligation specify the reason for his resignation.

In case of ambiguity on the clear and unequivocal will, the labor council may reclassify the resignation as wrongful dismissal (or without real and serious cause).

FYI  

in certain conditions, the employer may consider abandonment of post like a resignation.

There's no pitch of the legal procedure imposed for notify a resignation.

The employee may inform his employer orally or in writing by sending him a letter of resignation.

So as to avoid all dispute, it is however preferable to do so by written (letter RAR: titleContent or hand-delivered against dump, for example).

The employer may not not to refuse resignation. It's a right of the employee. It can therefore be carried out at any time, including where the employment contract is suspended (e.g. illness).

When the resignation is clear and not equivocal, it becomes definitive.

The employee who has resigned cannot retract. However, he can do so with the agreement of his employer.

FYI  

some collective agreements require dispatch of a letter of resignation. However, the failure to comply with this formality is pitch sufficient to challenge the decision of the employee.

A sample letter of resignation is available:

Employee resignation letter

As a general rule, the employee must perform a notice. He may be exempted by his employer at his request or at the request of the 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 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.

The length of the notice period varies according to the employee's occupation and seniority.

General case

The law does not fix pitch the duration of the notice of resignation.

In most cases, the period of notice is set by the convention or thecollective agreement applicable in the company.

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

The employment contract can fix the duration of the notice of resignation.

In the absence of convention orcollective agreement or precision in the employment contract, these are the practice practiced in the applicable locality or profession.

Of a common agreement only, the employee and the employer may agree to lengthen the length of the notice period.

VRP

The salesman, salesman and planner (VRP) shall respect a notice which does not may not be inferior to:

  • 1 month during the 1er year of presence in the company
  • 2 months during the 2nde year
  • 3 months beyond
Journalist

The professional journalist must comply with a period of notice of:

  • 1 month for seniority up to 3 years
  • 2 months for seniority superior to 3 years
Nursery assistant and home worker

Provisions special apply tochildminder and the employee of the individual employer.

FYI  

unless specified contrary, the period of notice shall be date to date, regardless of the number of days in the month.

The starting point of notice is the date of notification to the employer of the resignation. It depends on the medium used to resign.

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Notification by registered letter with AR

If notified by registered letter with AR, the period of notice shall begin on the date of 1re presentation letter by the post office.

Example :

An employee sends the resignation letter by registered mail with AR on February 11, 2023. The RRA is mailed to the employer on February 13 and he takes it away February 15. The collective agreement provides for advance notice1 month.

The starting point for his notice of resignation is therefore at February 13. Advance notice will be given from February 13 to March 12, 2023 inclusive.

Notification by hand delivery against discharge

Where resignation is effected by delivery in your own hands against dumpNo, it's the day of the hand-over which fixed the starting point of the notice.

Example :

An employee resigns on February 5, 2022 by giving a letter against discharge to his employer. The collective agreement must give 1 month's notice. His notice is therefore February 5 to March 4, 2022 included.

Verbal notification

When the employee resigns verballyNo, it's the day of verbal announcement to the employer who fixed the starting point of the notice. Toavoid litigation, it is best to express this by RAR letter or hand-delivered counter-discharge.

The employee may defer the starting point of the notice. In that case, he will have to specify in his resignation letter.

Example :

An employee resigns on February 15, 2022 by giving a letter against discharge to his employer. The collective agreement provides for advance notice of1 month. He must indicate in his letter that the notice will begin on 1er march 2022.

Notice of resignation may be suspended and postponed in the following situations:

  • Agreement between employee and employer
  • During paid leave in the notice and the date of which has been fixed before notification of resignation
  • Accident at work or occupational disease occurring during notice
  • In other cases if treaty provisions provide for them

Sickness and paid leave taken after notification of resignation don't hang the notice.

Please note

the employer may not not to impose the employee who has resigned to take his paid leave on notice.

However, it is possible to take them if they have been normally planned before the notification of resignation.

The law does not provide for pitch hours for job search during notice.

The employee cannot, without agreement the employer, to be absent to search a job on notice.

Please note

some collective agreements may provide for periods of absence in order to seek employment (paid or unpaid) for employees who resign.

At the end of the notice of resignation, the employee does not receive no severance pay.

At the end of the notice period, the employer must pay the following amounts:

If the employee is dispensed by his employer to give his notice, he right the payment of a compensatory period of notice.

The resignation does not give straight step to one compensation under unemployment insurance.

However, in some cases, resignation may be considered legitimate by Pôle emploi.

Upon lawful resignation, the employee may be entitled to Return to Employment Assistance (RWA) under the usual conditions.

At term of the notice of resignation, the employer shall obligatory provide the employee with the following documents:

CSD

Resignation is a reserved break mode only to the employee who is in DTA.

The employee in CSD: titleContent can't quit.

The CDD can be broken by anticipated manner, before it ends, in certain situations that are only the following cases:

  • Agreement between employer and employee
  • Employee's request for proof of permanent employment (DTA). To avoid any difficulties, the employee may indicate in writing the termination of the contract and provide proof of the planned hiring (e.g. promise of employment or contract of employment)
  • Fault serious
  • Force majeure
  • Incompetence established by the occupational doctor

Temporary Work - Temporary

Resignation is a reserved break mode only to the employee who is in DTA.

The employee in assignment contract can't quit.

The assignment contract may be terminated early, before it ends, in certain situations that are only the following cases:

  • Hiring in DTA in a other employer
  • Serious misconduct
  • Case of force majeure

Apprenticeship contract

Of special provisions apply to terminate the apprenticeship contract.

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