Resignation of home-based employee employed by an individual
Verified 24 July 2023 - 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 will to break his contract. How does the employee inform his employer? Does the employee have to give notice in case of resignation? What is the starting point of the notice in case of resignation? Does the employee receive compensation from his employer in the event of resignation? Does he receive compensation from France Travail (formerly Pôle emploi)? We're doing an update on the regulations.
The possibility of resigning depends on the type of employment contract of the employee.
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.
He didn't not the obligation specify the reason for his resignation.
In case of ambiguity on the clear and unequivocal will, the labor 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.
The employee must inform the employer of his resignation by registered letter with AR: titleContent or by hand delivered letter against dump.
A sample letter is available:
Resignation letter of employee employed at home by private individual
Yes. As a general rule, the employee must perform a notice. He may be exempted by his employer at his request. The employer may also exempt the employee from giving notice.
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Waiver by employer
LThe employee is paid as if he had worked during that period.
The period of notice not worked shall be taken into account for the determination of entitlement to paid leave and for the calculation of seniority.
Waiver requested by the employee
The rules vary depending on whether the employer accepts or refuses the employee's request for a waiver of notice.
Employer's agreement
The employment contract shall end on the last day worked. The employee is not paid for the part of the notice not effected.
Refusal of the employer
If the employer refuses, the employee must give notice.
If the employee does not give notice, the employer may ask the employee to pay him compensation equal to the amount of net remuneration corresponding to the duration of the unrealized notice. He must then grasp the prud'hommes council. They may also request damages.
The minimum period of notice depends on the employee's seniority with his employer.
The length of service for calculating the period of notice shall be determined on the date of dispatch of the registered letter with AR: titleContent or hand-back against dump :
Employee's seniority | Duration of notice |
|---|---|
Less than 6 months | 1 week |
From 6 months to less than 2 years | 2 weeks |
2 years and older | 1 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 acknowledgement of receipt
If notified by registered letter with AR, the period of notice shall begin on the date of 1re presentation of the letter by the Post Office.
Example :
The employee sends his or her resignation letter by registered mail with AR: titleContent the February 11, 2023. The registered letter with AR is presented by the Post Office to the employer on February 13. The Minister shall withdraw it on February 15 in the Post Office. 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 :
The employee resigns on February 5, 2022 by giving a letter against discharge to his employer. The collective agreement provides for 1 month's notice.
His notice is therefore February 5 to March 4, 2022 included.
Yes. Notice of resignation is suspended and postponed in the following situations:
- Work stoppage due to accident at work or to a occupational disease
- Suspension of the employment contract following a maternity leave oradoption
- Taking paid leaveunless the Parties agree otherwise by written agreement
These suspension periods postpone the end of the notice period.
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.
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
The employee is not entitled to this leave with pay compensation when the employer uses the Cesu: titleContent and that he pays the employee leave every month.
No. 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.
Documents to be given to the employee
The employer must provide the employee with the following documents:
- Work Certificate
- Received for the balance of any account that details the amounts paid upon termination of the employment contract. If the employee has signed the receipt for balance of any account, he has 6 months after the date of signature to contest it.
- Certificate for France Travail (formerly Pôle emploi)
A service allows the online processing of the steps related to the termination of the employment contract.
They vary according to the activity of the employee:
General case
A service allows to carry out online the steps related to the termination of the employment contract:
Childcare
A service allows to carry out online the steps related to the termination of the employment contract:
Time limit for the submission of documents
The deadlines for submitting documents vary depending on whether the employee gives notice or not.
Executed Notice
The documents are delivered on the contract end date, i.e at the end of the notice period.
Waiver of notice by employer
The documents are delivered on the contract end date, i.e at the end of the unexecuted notice.
Waiver of notice requested by the employee
Time limits for the submission of documents vary depending on whether the employer's waiver of notice is total or partial:
Total waiver of notice
The documents are provided no later than 2 weeks calendars after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
where the period of notice is less than two weeks, the documents shall be submitted at the date of termination of the contract, that is to say at the end of the period of notice.
Partial waiver of notice
The documents are provided no later than 2 weeks calendars after the last day worked.
A certificate stating the date on which the employee is free of any commitment may be given by the employer to the employee who so requests.
Please note
where the partial waiver of notice is less than 2 weeks, the documents shall be submitted at the date of termination of the contract, that is to say at the end of the notice.
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 reason for the termination of the contract and provide proof of the planned employment (e.g. promise of employment or contract of employment)
- Fault serious
- Force majeure
- Incompetence established by the occupational doctor
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National collective agreement of private employers and homeworkers of 15 March 2021 - Common core (Article 63-2-1) - specific core (Articles 161-2-1 and 162-6).
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