The resignation allows an employee to terminate his employment contract.However, certain rules must be respected, both on the side of the employee as that of the employer.

Sooner or later you will have to deal with it.It is the act by which the employee informs the employer’s decision to terminate his employment contract.This is of course the resignation. However, in order to be valid, it must follow certain rules.

Resignations

First, the resignation must be voluntary.Clearly, the employee must be able to resign and his consent must not have been flawed.In fact, it should not be given in an abnormal mental state, that is to say in the heat of anger or emotion,for example.Or when the employee does not have the intellectual ability or language to measure the extent of his act. illegitimate resignations under duress or pressure from the employer, particularly in cases of threat of a criminal complaint and / or dismissal.In the same vein, the resignation is not valid when the employee was in a position of inferiority or intimidation.

If any of these cases occurs, then the resignation is considered null and breach of contract amounts to a dismissal without real and serious. Know that you will be ordered to pay the employee an indemnity calculated according to the harm suffered.Thus, in a company with more than 11 employees, an employee with more than two years seniority will receive compensation equivalent to six months salary.

In addition, the resignation must result from a clear and unequivocal.If this is not the case, it is then reclassified as taking note of the rupture.And turns into a dismissal without real and serious. Again, you may be ordered to pay an indemnity (legal or conventional), as well as compensation in lieu of notice and damages for wrongful dismissal. Note that the resignation is necessarily ambiguous when the employee states in the letter of rupture, the facts he alleges that his employer.When fully notified, it can also be seen as ambiguous. To do this, it must be challenged within a reasonable time and a different between the two parties, prior to rupture, should be established.

Ask for a written resignation

Unless otherwise conventional, the resignation is subject to no rule of form. A writing is not necessary, but it is recommended. The reason?There is evidence in litigation.

The resignation did not need to be motivated.Instead, a letter of resignation in which an employee would justify departure from the wrongful acts of his employer may be called,once again, making an act of breach of contract.Importantly, even if the employee fails to comply with the formalities required by the collective agreement when he resigned, it remains valid in the eyes of the law. Also note that the letter of resignation can be delivered by hand, and any supervisor.

The resignation automatically the final rupture of the employment contract.That is to say that you do not have to accept it.In addition, it marks the starting point of the notice of the employee.The law does not specify the period of notice because it is different from conventional devices. For example, one month if the employee has more than six months’ service in a retail clothing.

Finally, a resignation may be regarded as unfair if the conditions show that the employee acted with the intent to harm his employer (especially when the employee does not notice her).