Resignation

Resignation is the termination of the employment relationship at the employee’s initiative.

It must be in writing and notified to the employer in the form of a notice of resignation. In other words, on the day the employee decides to notify their employer of their resignation, they cannot leave the company on that same day.

They must observe the notice period, which varies according to their occupational category (the length of the notice period is generally determined by collective agreements).

In the absence of a collective agreement, the notice period is 8 days for day labourers paid by the day or fortnight, one month for manual workers and clerical staff, two months for technicians and similar roles, and three months for managerial staff.

Absence deemed to be resignation 

Where an employee is absent for more than one day, the employer may send them a formal notice to return to work by registered post, or hand it to them in the presence of a witness. If they fail to comply, this constitutes resignation by abandonment of post after three days.

What should be done if the employee falls ill during the notice period?

In this case, the end date of the notice period cannot be changed, as it is a fixed period that does not take the employee’s absences into account.

Key terminology

 Unfair resignation 

 Resignation is considered wrongful when the employee resigns with the intention of causing harm to their employer.

For example, immediately after completing a long training course paid for by the company.

Statutory exemption from the notice period 

Pregnant women or women on maternity leave, and employees on probation, are not required to give notice.

Abrupt termination 

Failure to give notice gives rise to the payment, by the party terminating the contract, of compensation in lieu of notice equal to the salary the employee would have received during the notice period.