Here are the 4 steps to resign, according to Les Échos Start
1. You have the right to resign
. It’s important to know that an employer cannot refuse your resignation if you are on a permanent contract
. “In a contract, no clause may prevent you from resigning,” said Xavier Berjot, a lawyer specializing in labor law
. However, if your employer has paid for training that requires you to remain with the company for several years, you will then be required to pay compensation equal to the cost of that training; this is known as the training reimbursement clause.
2. Submit your resignation in writing
. The most common practice is to deliver the letter in person; a few lines are sufficient to announce your resignation. You are not required to state the reason for your departure. In all cases, the employer must date and sign the letter on the day of receipt, in duplicate, so that you can keep one copy as proof. This letter immediately terminates the employment contract.
3. Comply with your notice period
. It is possible to request an exemption from the notice period or to shorten it, particularly by using your remaining vacation days; however, your employer may refuse to modify the notice period without having to provide a reason
. If the employer agrees to exempt you from the notice period, they are not required to pay you any compensation
. If the waiver is initiated solely by the employer, they must continue to pay your salary for the duration of the notice period.
4. What about the non-compete clause?
Your contract may include a non-compete clause restricting your freedom to work for a competitor or as a self-employed individual in the same industry as the company you are leaving. If your employer does not waive this clause within eight days of your resignation, it takes effect at the end of your notice period or upon your departure. If you violate the clause, you will be entitled to financial compensation.
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