Resignation, dismissal: can we work elsewhere before the end of the notice period?
Verified 06 June 2023 - Directorate for Legal and Administrative Information (Prime Minister)
In principle, the employee must give notice of a dismissal or resignation. The period of notice shall be the period between notification the termination of the contract and the date of termination of the contract.
Can the employee go to work with a new employer during notice? Does he need his employer's consent? What are the conditions for going to work with a new employer?
We're doing an update on the regulations.
The possibilities of going to work for another employer before the end of the notice vary depending on whether or not the employer allows the employee to withhold the notice. This is called waiver of notice.
With waiver of notice
The waiver of notice may be at the initiative of the employer, the employee or be provided for by a collective agreement.
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Waiver at the initiative of the employer
The employer may exempt an employee from notice without the employee's request. This is a request from the employer.
The employee receives a compensatory period of notice for the period of notice not effected.
The employee will then be able to work elsewhere and will combine the notice compensation with the salary received from the new employer.
Waiver at the initiative of the employee
The employee may request a waiver of notice from his employer. If the employer is all right, all rightHowever, the notice will not be given and will not be paid.
The employee may go and work elsewhere as soon as the contract of employment is terminated.
This possibility of taking up a new job presupposes that the employee is not bound by a non-competition clause.
Exemption provided for in the collective agreement
Of treaty provisions or groups may provide for partial exemptions from notice if the employee has returned to work.
A simulator is used to search for the collective agreement with the company's name or Siret number:
Without waiver of notice
Where the employer refuse If the employee requests a waiver or does not waive the employee's notice, the employee must complete the full notice until the termination date.
He cannot go to work for another employer.
If the employee nevertheless decides to go and work elsewhere, the employer may take the matter to the prud'homme council. The court may order the employee to pay damages to his employer.
The new employer may also be sued.
FYI
if the employee is on paid leave during the notice period, he is prohibited from taking a new job.
Who can help me?
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Telephone administrative information - Allo Public Service
For more information on this topic, you can contact Allô Service Public.
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Damages in the event of an undue breach
Waiver of notice for employee dismissed by employer
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