Resignation Notice: Calculation of Days and Penalties Explained (Tables Included)

Understanding Notice Period for Resignation

Knowing the exact notice period for resignation is crucial.
The notice period refers to the timeframe between when an employee communicates their intention to unilaterally terminate their employment contract to the employer and their final working day.

It’s vital to ask, “How many days of notice do I need to give?” to ensure compliance with regulations.
Failure to do so could result in penalties, which can be significant in certain situations.
While employees can resign without justification at any moment, they are typically required to work through the notice period, except in specific cases, to allow the employer time to find and train a replacement.

Determining the Notice Period

The duration of the notice period is not uniform; it is established by collective bargaining agreements (CCNL).
Generally, more experienced and qualified employees have longer notice periods due to the complexity of their roles.

Consult the relevant CCNL based on your position and seniority to determine the specific notice requirements.
Notice periods are not always obligatory, and in some situations, immediate resignation is possible without penalties.

How to Communicate Your Resignation

As of March 12, 2016, resignations must be submitted electronically.
However, certain employees, such as those with children under three, can still use written letters.
In this case, the resignation needs to be validated by the labor inspectorate.

Counting the Notice Days

Notice days are calculated using calendar days, not just working days, which benefits employees eager to leave.

However, the notice period is typically expected to be worked.
Employees cannot use this time to take remaining vacation.
Absences due to illness, injury, maternity, or leaves also pause the notice period until the employee returns.

Consequences of Not Respecting the Notice Period

If the notice period isn’t honored, the employer can charge the employee a fee equivalent to the unpaid notice days as outlined in Article 2118 of the Civil Code.
For instance, if a worker should give 30 days’ notice but fails to do so, the corresponding salary will be deducted from their final pay.

Exceptions to the Notice Requirement

In specific cases, such as fixed-term contracts or resignations during maternity leave, the notice period may not be applicable.
In these instances, if a worker resigns without a valid reason, the employer may seek damages for the remaining contract term.

Employee Rights During the Notice Period

Employees are entitled to full remuneration during the notice period, including benefits accumulated like vacation time and severance pay, making it a crucial aspect of the resignation process.