Ensuring a Successful Resignation and Obtaining Your Rights
To guarantee a successful resignation and obtain your rights, it is necessary, according to Sami Haddad, lawyer, to respect three major imperatives: written form, proof, and respect for the notice period.
The Imperative of Written Form and Clarity
It is imperative to always formalize your resignation in writing. When deciding to leave your job, resignation is not taken lightly. It always begins with a written request, drafted by the employee themselves, clearly expressing their intention to leave. This letter must be direct and unambiguous, reflecting the employee's determination to terminate their contract. The resignation is also unconditional: no conditions are set, and it marks a firm and definitive decision. To be valid, the letter must be dated and signed, and in some cases, the employer may require the signature to be legalized. Finally, there are ready-made resignation formulas, easily accessible online, that allow you to structure the letter while remaining professional.
The Imperative of Proof
To ensure proof, the resignation must be sent in a way that guarantees the employer has received it. The two ideal methods are:
- By postal mail: Send the resignation by registered letter with acknowledgment of receipt. The acknowledgment of receipt (the "red card") that you receive proves that the recipient has received the mail.
- Hand delivery: Hand over the original resignation against discharge. This delivery can be made at the company's order office or to a direct manager or the employer (if it's a physical person).
Respect for the Notice Period
In the event of termination of an employment contract (notably for CDI, general regime), there is always a notice period to be respected. The notice period is provided for by law and collective agreements to protect both parties.
- Sectoral agreement: First, look for the duration of the notice period in the sectoral agreement applicable to the company's activity.
- Labor Code: If the company is not subject to a sectoral agreement, the Labor Code applies, notably articles 14 and 10.
- General duration: The notice period is generally either one month or three months, depending on the case.
Obligations and Rights During the Notice Period
- Work obligation: The employee must continue to perform their duties during the notice period.
- Employer's waiver: The notice period is a right of the employer. The employer can waive this right and exempt the resigning employee from ensuring the notice period. In this case, according to the agreement, the period may be shortened or not completed.
- Job search hours: If the employer requires the employee to complete the notice period, the law allows the resigning employee to be absent for a certain number of hours to look for another job. This right is granted during the second half of the notice period. The exact number of hours depends on the sectoral agreement, but it is often half a day.
Errors to Avoid
Not respecting the notice period is a serious mistake. If you do not respect this period, the employer is entitled to claim in court the compensation corresponding to the sum of the salaries for the uncompleted notice period (for example, 3 months' salary if there were 3 months' notice).
The Employee's Rights Upon Departure
The employee is entitled to several documents and payments:
- The balance of the account (STC).
- The certificate of work.
