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Resignation of an employee

Verified 21 August 2020 - Directorate for Legal and Administrative Information (Prime Minister)

Resignation allows you to break your CDI: titleContent on your own initiative. However, to be valid, it must meet certain conditions. You must notify your employer of your intention to resign. Except in the case of an exemption, you continue your activity until the end of the notice of resignation. Specific provisions for early termination of the employment contract are provided if you are in CDD: titleContent or acting.

CDI

Resignation is a way of breaking a contract of employment that allows you to leave your company without having to justify this decision.

This right may be exercised at any time, even if the employment contract is suspended..

The employee may terminate his employment contract in the following cases:

In order for the resignation to be valid, you must clearly and unequivocally demonstrate your willingness to terminate the employment contract.

Unjustified absence or abandonment of post cannot be considered as a resignation.

In case of ambiguity about your clear and unequivocal will, the counsel of prud'homme can reclassify the resignation into wrongful dismissal (or without real and serious cause)..

In some cases, you can retract your resignation..

The resignation must not be abusive, i.e. taken with the intention of harming the employer. If not, you may be sentenced to damages to the employer.

To demonstrate your clear and unequivocal will to resign, you must necessarily notify your employer.

There is no legal procedure imposed to signify a resignation. You may notify your employer orally or in writing by sending a letter of resignation.

You can use the following template:

Employee resignation letter

Of treaty provisions may require that the letter of resignation be sent by registered letter with RAR: titleContent..

You can't quit your job once you've sent your resignation to your employer. You continue to work until the end of your employment contract, within the prescribed notice period (except in case of waiver of notice).

Duration

General case

The duration of the notice of resignation shall be fixed:

  • by collective agreement or collective agreement,
  • or usage practiced in the locality and in the profession,
  • or local law (in Alsace-Moselle).

Your employment contract may provide for notice of resignation. It applies if the term is shorter than that provided for in the collective agreement, collective agreement or practice.

If you work part-time, the length of the notice of resignation is the same as that of a full-time employee.

FYI  

the notice shall commence on notification to the employer of your resignation.

Journalist

If you are a journalist, you must respect a notice period fixed according to your seniority, under the following conditions:

Minimum notice period based on the employee's seniority

Employee's age

Minimum notice period

3 years maximum

1 month

Over 3 years

2 months

VRP

If you VRP: titleContent, you must respect a notice period fixed according to your seniority, under the following conditions:

Minimum notice period based on the employee's seniority

Employee's age

Minimum notice period

Less than 1 year

1 month

Between 1 and 2 years

2 months

Over 2 years

3 months

Notice waiver

You do not have to give notice if you are:

Apart from these 2 cases, you may be exempted from giving notice, on your own initiative or at the request of your employer, under the following conditions:

You are requesting a waiver of notice

You can ask your employer to dispense with notice (in writing or orally).

Employer Agreement

If your employer agrees, your employment contract ends on the date agreed between you.

In this case, the employer is not required to pay notice compensation..

Refusal of employer

If your employer refuses, you must give your notice.

If you do not give notice, your employer may ask you to pay him or her an amount equal to the gross remuneration you would have received if you had worked.

Your employer waives notice

The employer may waive notice.

In this case, you retain the benefits you would have received if you had worked until the end of the notice period that was not given.

You collect notice compensation..

Postponement or suspension of notice

Notice may be deferred or suspended in the following cases:

  • Agreement between the employee and the employer
  • Take paid vacation the date of which was fixed before the notification of the rupture
  • Work Stop occurring on notice and related to an industrial accident or occupational disease
  • Treaty provisions providing

Absence for job search

There are no legal provisions allowing you to miss to find a job.

However, treaty provisions or use in the locality or profession may allow time off to seek employment during the period of notice.

Advance notice compensation

If you are exempted from giving notice by your employer, you are entitled to receive a notice compensation..

Compensatory leave with pay

You are entitled to compensatory leave with pay if you have not been able to take all of the earned leave prior to the termination date of your contract.

Complementary health

Certain grounds for resignation shall entitle the unemployment.. If you do, you continue to receive the health coverage you underwrote in your previous work under conditions..

Salary savings

If you benefit from a salary savings plan, you can request early release money.

The employer must provide the employee with the following documents:

CDD

The employee cannot resign from his/her CSD.

However, the CSD cannot be terminated in advance under conditions.

The employee may terminate his employment contract during the test period for no particular reason.

Outside the trial period, the CDD may be terminated prior to the scheduled term only in the following cases ::

  • Agreement between employer and employee
  • Request from the employee who justifies hiring in CDI: titleContent.. To avoid any difficulty, the employee can notify in writing the breach of the contract and provide the proof of the intended hiring (e.g., a promise of hiring or a contract of employment).
  • Serious misconduct
  • Major Force
  • Unfitness recognized by the occupational doctor

Please note

if the employee breaks the contract after the trial period and outside the authorized cases, he may be ordered by the judge to pay to his employer damages..

In order for the resignation to be valid, you must clearly and unequivocally demonstrate your willingness to terminate the employment contract.

Unjustified absence or abandonment of post cannot be considered as a resignation.

In case of ambiguity about your clear and unequivocal will, the counsel of prud'homme can reclassify the resignation into wrongful dismissal (or without real and serious cause)..

In some cases, you can retract your resignation..

The resignation must not be abusive, i.e. taken with the intention of harming the employer. If not, you may be sentenced to damages to the employer.

To demonstrate your clear and unequivocal will to resign, you must necessarily notify your employer.

There is no legal procedure imposed to signify a resignation. You may notify your employer orally or in writing by sending a letter of resignation.

You can use the following template:

Employee resignation letter

Of treaty provisions may require that the letter of resignation be sent by registered letter with RAR: titleContent..

You can't quit your job once you've sent your resignation to your employer. You continue to work until the end of your employment contract, within the prescribed notice period (except in case of waiver of notice).

Duration

The duration of the notice depends on the total duration of the CSD at one day worked per week.

Example :

If the CSD had 8 weeks of work, the notice is 8 working days.

Notice waiver

You do not have to give notice if you are:

Apart from these 2 cases, you may be exempted from giving notice, on your own initiative or at the request of your employer, under the following conditions:

You are requesting a waiver of notice

You can ask your employer to dispense with notice (in writing or orally).

Employer Agreement

If your employer agrees, your employment contract ends on the date agreed between you.

In this case, the employer is not required to pay notice compensation..

Refusal of employer

If your employer refuses, you must give your notice.

If you do not give notice, your employer may ask you to pay him or her an amount equal to the gross remuneration you would have received if you had worked.

Your employer waives notice

The employer may waive notice.

In this case, you retain the benefits you would have received if you had worked until the end of the notice period that was not given.

You collect notice compensation..

Postponement or suspension of notice

Notice may be deferred or suspended in the following cases:

  • Agreement between the employee and the employer
  • Take paid vacation the date of which was fixed before the notification of the rupture
  • Work Stop occurring on notice and related to an industrial accident or occupational disease
  • Treaty provisions providing

Absence for job search

There are no legal provisions allowing you to miss to find a job.

However, treaty provisions or use in the locality or profession may allow time off to seek employment during the period of notice.

Advance notice compensation

If you are exempted from giving notice by your employer, you are entitled to receive a notice compensation..

Compensatory leave with pay

You are entitled to compensatory leave with pay if you have not been able to take all of the earned leave prior to the termination date of your contract.

Complementary health

Certain grounds for resignation shall entitle the unemployment.. If you do, you continue to receive the health coverage you underwrote in your previous work under conditions..

Salary savings

If you benefit from a salary savings plan, you can request early release money.

The employer must provide the employee with the following documents:

Temporary employment contract (acting)

The employee cannot resign from his temporary employment contract.

However, the contract may not be terminated in advance under conditions.

The contract of mission may be terminated early by the employee in the following cases:

  • During test period without special grounds
  • Hiring of the employee made available for an indefinite contract
  • Major Force

Please note

if the employee breaks the contract after the trial period and outside the authorized cases, he may be ordered by the judge to pay to his employer damages..

In order for the resignation to be valid, you must clearly and unequivocally demonstrate your willingness to terminate the employment contract.

Unjustified absence or abandonment of post cannot be considered as a resignation.

In case of ambiguity about your clear and unequivocal will, the counsel of prud'homme can reclassify the resignation into wrongful dismissal (or without real and serious cause)..

In some cases, you can retract your resignation..

The resignation must not be abusive, i.e. taken with the intention of harming the employer. If not, you may be sentenced to damages to the employer.

To demonstrate your clear and unequivocal will to resign, you must necessarily notify your employer.

There is no legal procedure imposed to signify a resignation. You may notify your employer orally or in writing by sending a letter of resignation.

You can use the following template:

Employee resignation letter

Of treaty provisions may require that the letter of resignation be sent by registered letter with RAR: titleContent..

You can't quit your job once you've sent your resignation to your employer. You continue to work until the end of your employment contract, within the prescribed notice period (except in case of waiver of notice).

Duration

A notice applies if the employee breaks his contract for a CDI: titleContent after test period (unless exempted by the employer).

This notice shall be calculated at the rate of one day per week, taking into account:

  • the duration of the contract, including renewal, if it contains a specific term,
  • the duration of the contract, if the contract does not contain a specific term.

The total period of notice may not be less than 1 day or more than 2 weeks.

The count is made in working days..

Notice waiver

You are requesting a waiver of notice

You can ask your employer to dispense with notice (in writing or orally).

Employer Agreement

If your employer agrees, your employment contract ends on the date agreed between you.

In this case, the employer is not required to pay notice compensation..

Refusal of employer

If your employer refuses, you must give your notice.

If you do not give notice, your employer may ask you to pay him or her an amount equal to the gross remuneration you would have received if you had worked.

Your employer waives notice

The employer may waive notice.

In this case, you retain the benefits you would have received if you had worked until the end of the notice period that was not given.

You collect notice compensation..

Postponement or suspension of notice

Notice may be deferred or suspended in the following cases:

  • Agreement between the employee and the employer
  • Take paid vacation the date of which was fixed before the notification of the rupture
  • Work Stop occurring on notice and related to an industrial accident or occupational disease
  • Treaty provisions providing

Absence for job search

There are no legal provisions allowing you to miss to find a job.

However, treaty provisions or use in the locality or profession may allow time off to seek employment during the period of notice.

Advance notice compensation

If you are exempted from giving notice by your employer, you are entitled to receive a notice compensation..

Compensatory leave with pay

You are entitled to compensatory leave with pay if you have not been able to take all of the earned leave prior to the termination date of your contract.

Complementary health

Certain grounds for resignation shall entitle the unemployment.. If you do, you continue to receive the health coverage you underwrote in your previous work under conditions..

Salary savings

If you benefit from a salary savings plan, you can request early release money.

The employer must provide the employee with the following documents: