Resignation of an employee
Verified 19 June 2024 - Directorate for Legal and Administrative Information (Prime Minister)
Resignation is a way of breaking the DTA: titleContent at the initiative of the protesting employee clearly the willingness to break his contract. The possibility of resigning depends on the type of employment contract of the employee: CDI, CDD, temporary work (temporary), apprenticeship contract. We're doing an update on the regulations.
DTA
The resignation is a breakup of the employment contract which enables the employee to leave his job. The employee must protest clearly and in no equivocal the desire to break his employment contract.
The employee has not the obligation specify the pattern for which he is resigning.
In case of ambiguity on the clear and unequivocal will, on prud'homme council may reclassify the resignation as wrongful dismissal (or without real and serious cause).
FYI
In certain conditions, the employer may consider abandonment of post like a resignation.
There's no pitch of the legal procedure imposed for notify a resignation.
The employee may inform his employer orally or in writing by sending him a letter of resignation.
So as to avoid all dispute, it is however preferable to do so by written (letter RAR: titleContent or hand-delivered against dump, for example).
The employer may not not to refuse resignation. It's a right of the employee. It can therefore be carried out at any time, including where the employment contract is suspended (e.g. illness).
When the resignation is clear and not equivocal, it becomes definitive.
The employee who has resigned cannot retract. However, he can do so with the agreement of his employer.
FYI
Some collective agreements require dispatch of a letter of resignation. However, the failure to comply with this formality is pitch sufficient to challenge the decision of the employee.
A simulator is used to search for the collective agreement with the company's name or Siret number:
A sample letter of resignation is available:
As a general rule, the employee duty to carry out a notice. It can be dispensed by his employer at his request or at the request of the employer. In some situations, there is no notice required.
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The employee gives notice
The employee who resigns must respect a notice. He can't leave the company immediately.
The notice, where provided, shall always be carried out. The employment contract continues to be performed normally until it's over.
If the employee don't respect him, the employer may claim payment before the conseil de prud’hommes.
The employee is exempted from giving notice
The employee may be exempted from notice:
- TO his request and after acceptance of the employer (a written statement is, however, advisable). In this case, the compensation for notice is not due.
- Or the only one employer initiative. The latter must nevertheless pour the compensation for notice.
Cases where no notice is given
In some situations, there is no notice to be given:
- The medically certified pregnant employee can to terminate his employment contract without notice and without duty to pay severance pay.
- At the end of maternity or adoption leave and for to raise a child, the employee may to terminate his employment contract without notice, or duty to pay severance pay. The employee must inform at least his employer 15 days in advance before the end of maternity or adoption leave, or 2 months after the birth or arrival at home of the child.
- One journalist may resign without notice if there is a change notable in the character or log orientation or the periodical for which he works. This change must create a situation for the journalist that is capable of being worn attack on his honor, to its reputation or, in general, to its moral interests.
FYI
Some collective agreements provide that the employee is released from notice when he or she found another job.
A simulator is used to search for the collective agreement with the company's name or Siret number:
The period of notice is different according to the occupation and seniority of the employee.
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General case
The law does not fix pitch the duration of the notice of resignation.
In most cases, the period of notice is set by the convention or thecollective agreement applicable in the company.
A simulator is used to calculate the length of notice that employees must give in the event of their resignation:
Calculate the duration of the notice of resignation according to the collective agreement
The employment contract can fix the duration of the notice of resignation.
In the absence of convention orcollective agreement or precision in the employment contract, these are the practice practiced in the applicable locality or profession.
Of a common agreement only, the employee and the employer may agree to lengthen the length of the notice period.
VRP
The VRP: titleContent duty respect a notice. He doesn't may not be inferior to:
- 1 month during the 1er year of presence in the company
- 2 months during the 2nde year
- 3 months beyond.
Journalist
The professional journalist must give notice. It shall last for:
- 1 month for seniority up to 3 years
- 2 months for seniority superior to 3 years.
Nursery assistant and home worker
Provisions special apply to the childminder and the employee of the individual employer.
FYI
Unless otherwise specified contrary, the period of notice shall be date to date, regardless of the number of days in the month.
The starting point of notice is the date of notification to the employer of the resignation. It depends on the medium used to resign.
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Notification by registered letter with AR
If notified by registered letter with AR, the period of notice shall begin on the date of 1re presentation letter by the post office.
Example :
An employee sends the resignation letter by registered mail with AR on February 11, 2023. The RRA is mailed to the employer on February 13 and he takes it away February 15. The collective agreement provides for advance notice1 month.
The starting point for his notice of resignation is therefore at February 13. Advance notice will be given from February 13 to March 12, 2023 inclusive.
Notification by hand delivery against discharge
Where resignation is effected by delivery in your own hands against dumpNo, it's the day of the hand-over which fixed the starting point of the notice.
Example :
An employee resigns on February 5, 2022 by giving a letter against discharge to his employer. The collective agreement must give 1 month's notice. His notice is therefore February 5 to March 4, 2022 included.
Verbal notification
When the employee resigns verballyNo, it's the day of verbal announcement to the employer who fixed the starting point of the notice. For avoid litigation, it is best to express this by letter RAR: titleContent or hand-delivered counter-discharge.
The employee may defer the starting point of the notice. In that case, he will have to specify in his resignation letter.
Example :
An employee wishes to be available on 1er april 2024. The collective agreement provides for advance notice of1 month. He can resign on February 15, 2024 by giving a letter against discharge to his employer. He must indicate in his letter that the notice will begin on 1er march 2024.
Notice of resignation may be suspended and postponed in the following situations:
- Agreement between employee and employer
- During paid leave in the notice and the date of which has been fixed before notification of resignation
- Accident at work or occupational disease occurring during notice
- In other cases if treaty provisions provide for them
Sickness and paid leave taken after notification of resignation don't hang the notice.
Please note
The employer may not not to impose the employee who has resigned to take his paid leave on notice.
However, it is possible to take them if they have been normally planned before the notification of resignation.
The law does not provide for pitch hours for job search during notice.
The employee must obtain the agreement of the employer for to be absent to search a job on notice.
Please note
Some collective agreements may provide for periods of absence in order to seek employment (paid or unpaid) for employees who resign.
A simulator is used to search for the collective agreement with the company's name or Siret number:
At the end of the notice of resignation, the employee does not receive no severance pay.
At the end of the notice period, the employer must pay the following amounts:
- Remaining salary up to the last day worked
- Compensatory leave with pay
- Premiums if they are linked to the employment contract
If the employee is dispensed by his employer to give his notice, he right the payment of a compensatory period of notice.
The resignation does not give straight step to one compensation under unemployment insurance.
However, in some cases, resignation may be considered legitimate by France Travail (formerly Pôle emploi).
During the lawful resignation, the employee may be entitled to Return to Employment Assistance (RWA) under the usual conditions.
At term of the notice of resignation, the employer shall obligatory provide the employee with the following documents:
CSD
Resignation is a reserved break mode only to the employee who is in DTA.
The employee in CSD: titleContent can't quit.
The CDD can be broken by anticipated manner, before it ends, in certain situations that are only the following cases:
- Agreement between employer and employee
- Employee's request for proof of permanent employment (DTA). To avoid any difficulties, the employee may indicate in writing the termination of the contract and provide proof of the planned hiring (e.g. promise of employment or contract of employment)
- Fault serious
- Force majeure
- Incompetence established by the occupational doctor
Interim
Resignation is a reserved break mode only to the employee who is in DTA.
The employee in assignment contract can't quit.
The assignment contract may be terminated early, before it ends, in certain situations that are only the following cases:
- Hiring in DTA in a other employer
- Serious misconduct
- Case of force majeure
Apprentice
Of special provisions apply to terminate the apprenticeship contract.
Calculate the duration of the notice of resignation according to the collective agreement
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