News Detail

Among the ways to end an employment relationship is the voluntary resignation, also known as resignation. This is a unilateral decision by the employee to terminate their contract, without any cause attributable to the employer. Although it is an employee right, this decision requires compliance with certain legal requirements, the most important of which is... advance notice.

What is the notice period for voluntary resignation?

He advance notice This is the communication that the employee sends to the company informing them of their decision to leave their job. Its purpose is to allow the employer to make arrangements in response to the employee's departure.

He Article 49 of the Workers' Statute It establishes that the deadline set in the collective agreement or employment contract must be respected. In the absence of a specific indication, the general deadline is 15 calendar days.

The advance notice must be submitted preferably in writing, indicating the last day of work and the date on which it is communicated.

In what cases can voluntary resignation be cancelled?

The worker can retract The resignation is valid as long as the employment relationship remains in effect, that is, until the termination date has arrived. If the employee withdraws their resignation within the notice period and the company has not suffered any losses or already hired another person, the employee's continued employment must be accepted.
However, if the company demonstrates that the retraction causes it a substantial harm, you can reject it without it being considered an unfair dismissal.

What happens if I leave work without notice?

If an employee leaves their job without respecting the notice period, it is considered a voluntary resignation without prior notice. In this case, the company will be able to deduct from severance pay the days of salary corresponding to the unreported period.
This discount is usually one day's wages for each day of non-compliance, although some agreements may stipulate up to two days per day.

Furthermore, leaving without prior notice can damage the professional reputation of the employee and make it difficult to obtain references in the future. In exceptional cases, if the company proves economic losses, it could claim damages through legal channels.

What are the consequences of voluntary resignation without prior notice?

The main consequences are of a economic and professional.

• Economics: discount on the final settlement for days not given notice or even the obligation to compensate the company if so stipulated in the collective agreement.
• Professionals: loss of additional benefits (commissions or bonuses not guaranteed by law) and damage to professional reputation.

In any case, the worker will always have the right to receive his final payslip and severance pay corresponding to the days worked, the unused vacation days and the accrued extra payments.

How to communicate voluntary resignation?

Although there is no single way to do it, the most recommended approach is communicate the termination in writing, to document the date and content. This can be done via a signed letter or email, stating:

• The worker's name and surname.
• The intention to submit a voluntary resignation.
• The last effective day of work.

The company will have to acknowledge receipt of the communication to record its receipt.

What does a voluntary resignation letter with prior notice look like?

The letter of voluntary resignation must be clear and concise, expressing the employee's decision and the date on which the departure will take effect. It is not necessary to follow an official format, but it must contain the Employee's signature and the businessman's signature upon receipt.

This document will serve as proof in case of disagreement or subsequent claim.

What am I entitled to receive upon voluntary resignation or termination of employment?

Voluntary resignation does not generate a right to compensation nor does it allow access to the unemployment benefit, as it is a decision of the worker.
However, it does grant the right to settlement, which includes:

• Wage for days worked.
• Vacation pending.
• Proportional share of extraordinary payments.
• Other accrued concepts (such as commissions or variable payments).

Complying with the notice period guarantees full payment of the final settlement and avoids deductions.

Conclusion

He notice period for voluntary resignation It is a legal obligation that aims to ensure an orderly transition between employee and employer. Respecting it avoids financial penalties, conflicts, and reputational problems.

Before submitting a resignation, it is advisable to review the contract and collective agreement, and communicate the decision in writing, with sufficient time to ensure a proper and professional closure of the employment relationship.