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While various reasons can lead an employee to decide to quit his job and give before you resign, the possibility of resigning without losing his rights is undoubtedly the ideal solution. According to a study by the Directorate for the Animation of Research, Studies and Statistics (DARES), 16.1% of breaches of employment contracts in companies are for reason of resignation. In the majority of these cases of resignation, the employee loses the benefit of some of his rights. This state of affairs can however be modified when certain steps indicated in the labor code are implemented.
- The lines below outline the procedure to follow to resign without losing your rights.
- The rights of the resigning employee
- Guaranteed rights
The main part of the rights of the resigning employee consists of monetary sums in the nature of salaries, bonuses, and allowances. In particular, the resigning employee has the right to:
Compensation for paid leave if there are still days of leave from which he has not benefited;
- Compensatory compensation for notice, if the employer exempts him from exercising this notice;
- The non-competition clause if it is mentioned in the contract and the employer wishes to activate it;
The salary corresponds to the work performed and not paid.
The employee also receives a resignation bonus if this is provided for in the contract and the release of his participation in the company’s savings plan. He can also benefit from the profit-sharing bonus, under certain conditions.
The concept of a legitimate reason
Resignation for legitimate reasons makes it possible to resign without losing one’s rights to unemployment benefits. The legitimate reason includes, for example, abuse on the part of the employer or a personal life situation that requires changes. Click on highlighted links to learn more.
In all cases, the employer is required to provide the resigning employee with an employment center certificate if the latter wishes to claim unemployment benefits. In the event of a dispute, the industrial tribunal may be referred to.
Resign without losing your rights: What process?
An essential aspect to keep in mind is that the resignation must be notified to the employer clearly and unequivocally, in order to be taken into account. An absence from work or the occurrence of a dispute cannot be assimilated to cases of resignation.On the other hand, the resigning employee is not required to justify his decision and the employer is not required to accept it. Once the act of resignation is established and accepted, there are only two steps to go through.
The notice period
The termination of the employment relationship requires compliance with a notice period intended to allow the various parties involved to take the necessary measures to adapt to the new situation. The period of this notice allows the employer, in particular, to make the necessary adjustments in order to prevent the employee’s resignation from jeopardizing the stability of the company and its normal functioning.
For this reason, the employee is required to continue working for a certain period. The period of notice is fixed either in the employment contract or by the applicable collective agreement. It can range from a few weeks to a few months, depending on the importance of the position held and the employee’s status. If the notice is not respected by the latter, he loses the possibility of resigning without losing his rights to compensation in lieu of notice, but must also pay compensation to the employer for failure to comply with this notice.
However, the employer can decide to exempt the employee from notice. It is this choice that gives the employee the right to compensation in lieu of notice. It should be noted that an automatic waiver of the notice period may occur in the event of resignation during maternity leave and in certain other situations presented here.
The collection of compensation
At the end of the notice period or after the agreement concluded with the employer not to perform it, the indemnities relating to the resignation and specified above are paid to the employee, which marks the formal end of the employment contract. The criterion of the legitimate reason is the main factor for resigning without losing one’s rights to unemployment benefits.
Resigning from a permanent contract: how to proceed?
Many employees are plagued by the question of how to resign from a permanent contract for a long time. This decision can find its source in various reasons. Whatever the motivations, whether the employee wishes to invest in the creation of his own business or whether he is interested in devoting more time to his family, the law admits this form of termination of the employment contract. However, it must obey very specific rules.When poorly conducted, the procedure can prove detrimental to its initiator. To avoid possible disappointments, it is advisable to master all the contours of the legal procedure for resigning from a CDI.
The form of resignation
See letter of resignation the labor code is not very explicit as to the precise definition of resignation. It is necessary to refer to the case law to have a precise idea, in particular within the framework of an employment contract of indefinite duration. Resignation is considered “a unilateral act by which the employee clearly and unequivocally expresses his desire to terminate the employment contract”.
It is in its article that the labor code enshrines the right to resign from a CDI. It leaves the employee the latitude to choose the form of his choice and there is no standard rule in this matter. However, depending on the practice, three essential modalities should be retained:
Oral declaration: to resign from a permanent contract, the worker can verbally inform his employer of his intention;
The written decision: the resigning employee can send a registered letter with acknowledgment of receipt to his hierarchical superior;
The tacit resignation: this case is illustrated by the worker who empties his office of its effects and who does not return after a long period.