Can your employer refuse it?

Resignation: How to react if your employer refuses your request?

Deciding to leave your job is never an easy decision. However, once this decision is made, the question arises: can your employer refuse your resignation? In this article, we will explore the rights of employees concerning the resignation, the obligations of the employer, and the steps to follow in the event of a dispute.

What is a resignation?

The resignation is the means by which an employee voluntarily ends his employment contract with an indefinite (CDI). This decision does not need to be motivated and does not require the agreement of the employer. However, to be valid, the resignation must be clear and unambiguous. It should not result from a stroke of anger or any pressure.

A resignation is therefore a clear manifestation of the employee’s desire to break his employment contract. Once the resignation has been pronounced, it leads to notice, unless agreed between the two parties for an exemption.

Can the employer refuse a resignation?

The answer is no. In French law, the employer cannot refuse the resignation of an employee. The Labor Code gives the employee the right to break his employment contract at any time, as long as the resignation is freely consented and expressed without ambiguity.

However, exceptions may exist when the employer considers that the resignation is irregular or not founded, in particular if it is formulated under stress, in a context of harassment or following acts of the employer. But in principle, the employer must accept the resignation without contesting it.

How to announce his resignation to his employer?

Although the law does not impose any specific form to announce a resignation, it is recommended to formalize it in writing to avoid any misunderstanding. Here are the different ways to do it:

1. Registered letter with acknowledgment of receipt : This method guarantees that your resignation is well received by the employer and provides proof in the event of a dispute.
2. Letter handed over to hand against discharge : This allows you to have proof that your employer has taken note of your decision.
3. Oral resignation : Resignation can be given orally, but this form is not recommended because it can lead to conflicts in the event of subsequent disagreement.

Whatever the notification mode chosen, it is preferable to be clear and precise to avoid any ambiguity.

The notice of resignation: an obligation?

By resigning, the employee is generally required to respect notice. The duration of this notice depends on the employment contract, the applicable collective agreement or the seniority of the employee in the company. The notice allows the company to organize and find a replacement. Here are some key points to remember:

• Notice of the notice : The duration varies according to collective agreements and the position held. For example, for executives, the notice can last up to three months.
• Notice exemption : The employee can request to be exempt from this notice. If the employer accepts, the employee can leave the company immediately. On the other hand, if the employer refuses, the employee must respect the scheduled notice period, under penalty of seeing part of his salary retained.

What if the employer tries to block the resignation?

In practice, it may happen that an employer is not delighted with the resignation of a key employee and tries to block it or delay the process. If the employer seeks to challenge or ignore the resignation, the employee has legal appeal to assert his rights.

In the event of refusal or dispute of the resignation, the employee can seize the Labor Council. This court is competent to resolve conflicts related to the employment relationship. The procedure is simple and free, which allows the employee to quickly defend his rights.

What are the consequences of a resignation for the employee?

The resignation, if it is well supervised, is a right of the employee, but it can lead to important consequences:

• No right to unemployment : In principle, an employee who voluntarily resigns does not benefit from the unemployment allowance. However, there are cases where the employee can affect unemployment after a so -called “legitimate” resignation. For example, a resignation to follow a spouse or a resignation due to moral harassment can give the right to unemployment benefits.
• End of contract : Unlike a contractual termination or a dismissal, the resignation does not give entitlement to a starting indemnity, unless a specific clause is provided for in the collective agreement or the employment contract.

What to do in the event of a dispute with the employer?

If your employer tries to dissuade you from resigning or refuses to accept your departure, you have several appeals to enforce your rights.

1. Seize the Labor Council : If the employer blocks your resignation, you can seize the industrial tribunal to decide the dispute. The industrial tribunal can be seized free of charge and without a lawyer, although the assistance of a lawyer can be recommended for complex situations.
2. Retraction of resignation : In some cases, the employee may wish to return to his decision to resign. However, the employer is not obliged to accept this withdrawal. If the employee considers that his resignation has been forced or taken under pressure, he can seize the industrial tribunal to request the requalification of the resignation in taking action or by abusive dismissal.
3. Taking action of the rupture : If the employee considers that the resignation is in reality the consequence of a serious fault of the employer, such as harassment or pressures, he can take note of the termination of his contract. This act, carried out before the industrial tribunal, can be reclassified in dismissal to the wrongs of the employer, with the corresponding allowances.

Conclusion: a fundamental right to respect

Resignation is an inalienable right for any employee on permanent contracts. Your employer cannot prevent you from leaving your post or blocking your resignation. However, it is essential to follow a clear procedure to avoid any misunderstanding. If conflicts arise, legal appeals exist to protect your rights. The industrial tribunal is an essential body to resolve disputes, and it is recommended to surround yourself with a lawyer if the situation requires it.

Ultimately, leaving your job is a personal decision that must be respected, and it is important to understand your rights and obligations to avoid legal complications.

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