How to resign from a permanent contract
Complete guide to resigning from a permanent contract. Letter, notice period, indemnities, unemployment …
Resigning from a CDI is always a delicate process, even when another job awaits us elsewhere. It is important to leave one last good impression.
So, how do you announce your wish to resign to your employer? Is sending an email or letter of resignation mandatory? And can we claim unemployment benefits after having resigned from a CDI?
Resignation from a CDI
Announce your resignation
To terminate your CDI, you can:
- either send a written letter to your employer;
- or send an email ;
- either communicate your request orally .
Whatever the mode of communication chosen, it is essential that the information for the attention of the employer is clear and unambiguous.
Otherwise, the employee could find himself at fault in relation to his company.
Documents to be request when resigning
In addition, when requesting a resignation, it is essential to request:
- a certificate of balance for any account;
- a work certificate;
- a unemployment certificates.
These documents are used to certify the period of service vice within the company (with a view to a request for retirement, for example) and certify that all the debts have been paid to the employee.
Why prefer the letter to resign?
To resign from a CDI, writing remains the recommended method. Notify your decision by letter or e -mail allows to keep a material proof of the procedure.
And, in the event of dispute with the employer, it is better to be able to certify that you are in your rights. This guarantees in particular the payment of compensation related to resignation.
Important: In addition, certain collective agreements require notification of resignation by registered mail with acknowledgment of receipt.
Before resigning, the employee must therefore find out about the internal regulations of his company in order to proceed in due form.
The notice period
And it is precisely in the company agreement that we find the notice period , if applicable. This deadline is also included in the employment contract.
The notice period is a legal period which must be taken into account before actually leaving your post.
Ignoring the notice period, the future ex-employee puts himself in a situation of fault vis-à-vis his boss and the law. For example, if the notice period is one month and if you wish to leave your functions on December 3, 2019, it is imperative to notify your wish to resign before November 3, 2019.
If an employee on a permanent contract wants to stop working in his company on January 10, 2021 and his employment contract for an indefinite period specifies that there is a 15-day notice period, he must communicate his decision to leave his post no later than December 26, 2020.
Once again, it is important that things are clearly established, whether for the employee who resigns as for his boss.
How to specify the notice period
And so that the situation is clear and clear for everyone, it is necessary:
- date your letter of resignation ;
- remind, in his letter, the period of notice ;
- indicate, in his letter of resignation, the date on which one plans to leave his post definitively .
Resign from a CDI without notice
If no official text specifies that notice must be respected in the event of resignation, the employee then has the right to resign from his permanent contract without notice.
In his letter of resignation or in his email, he is not therefore obliged to notify the notice period and the effective date of his departure.
However, in the event of CDI’s dismissal without notice, it is advisable to engage in a dialogue with his supervisor to amicably agree on a date of dismissal that can satisfy both parties.
Exemption from notice
In addition, certain special cases allow a waiver of notice to be obtained.
Also, notice is exempt:
- the women who quit while pregnant;
- employees who quit to raise a child;
- individuals who quit after leave for business creation;
- employees who have obtained the agreement of their employer after having issued a request for waiver of notice.
Resignation from a CDI and unemployment rights
In theory, resigning from a permanent contract does not give rise to unemployment rights.
However, some situations allow you to apply for unemployment benefits after resigning.
Case allowing you to apply for unemployment benefits
This is the case for example:
- resignations for spousal support;
- resignations related to a move to place a disabled child in an adapted structure;
- resignations to follow a qualifying training;
- resignations justified by harassment in work;
- resignations for the creation or takeover of a business …
This list is not exhaustive and each case is specific.
Can we receive compensation in the event of resignation from a CDI?
You should know that compensation is provided for by law in the event of resignation.
Waiver of notice
In the event of waiver of notice, the employee may receive compensation in lieu of notice.
The amount of this compensation is equal to the remuneration that would have been received if the employee had worked during the notice period.
For example, if the notice is one month and the employee is exempt from it, he will receive the equivalent of one month’s salary in compensation for notice.
In addition, if all the paid annual leave has not been taken at the time of termination of the contract work, the employee can claim compensation for paid vacation.
Employee savings plan
Finally, if the employee benefits from employee savings plans, he can ask to receive the sum of his savings at the time of his departure.
How to resign from a CDI for a training course
The retirement of “CDI for training” is one of the deductions.
Consequently, the employee who decides to leave his post to take training can receive unemployment benefits.
However, for the departure for training to be legitimate, he This training must be qualifying, that is to say that it leads to obtaining specific professional qualifications.
The CDI must also be a contract assisted or an integration contract.
In addition, the payment of unemployment benefits only takes place if the employee has contributed to the social security scheme of unemployment insurance for at least three years.
Finally, for d to issue a CDI for training, you must have your project validated by the CEP (Professional development advice). Provided free of charge, this device allows you to be supported in order to take stock of your professional situation and develop a viable professional project.