BlogContracts & TransactionsLegal ResourcesThe Employee Left Today. What Do I Do?

May 30, 20220
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“In this world nothing can be said to be certain, except laws and taxes.”

– Legit*

“The employee left today. Or, maybe, yesterday; I can’t be sure.”*

Ideally, we would say:

“Require from the rest of the staff to submit a letter of resignation. For the moment, why don’t you open a call for vacancies?!”

Then, we would ask:

 “Did he notify you in advance of his leaving? 

For how long has he been employed? 

Did he sign a resignation letter?”

We can go on and on with further questions, having in mind that resigning without notice is not an isolated case, and that for every legal problem, Legit can give you 2 solutions. 

Therefore today’s blog post aims to provide solutions for immediate resignations:

  1. Immediate resignation: Should the employer be notified in advance?
  2. Legit Solution: Letter of Resignation.

 

Immediate resignation: Should the employer be notified? 

 

Immediate resignation might happen for different reasons, with an objective or subjective background, yet they are irrelevant for this article. What is of considerable importance is the employer’s notice. 

The moment when the employee should tell the employer for his resignation – depends on the type of employment agreement, and the duration of the employment relationship with the current employer.

 

Fixed-Term Employment Agreement

 

According to the Labor Code, parties should sign indefinite employment agreements. However, if the employer wants to hire someone only for a certain period of time, this action is not considered against the law.  He should only specify in the agreement the reasons for his decision.

 

For example

 

Benn is an economist at “Franklin sh.p.k”. He wants to resign before the end of the contractual term, which requires him to work in the same position for the next 2 months. Benn knows he has to give notice to Albert – his employer, but he does not know when. Therefore, he asked us: “Legit, when should I let Bert know, in order to be in accordance with the law?”.

And we replied: “Ask your employer, in this case Mr. Albert, for an 1:1 appointment. 72 hours before this meeting, you should notify him, in writing, of your decision. Then, at the meeting, you have to present the reasons for your leave and the letter of resignation. The termination of the employment agreement should be notified in writing, within a period of 48 hours to 1 week after the meeting.”

For readers’ interest: Benn drafted his Resignation Letter on Legit’s Platform.

 

Open-ended Employment Agreement

 

The open-ended employment agreements provide other conditions for the resignation and the terms of notice.

Duration of Employment Terms of notice
6 months ~ 2 years 1 month before the resignation
2 – 5 years 2 month before the resignation
> 5 years 3 month before the resignation

 

When to use a Resignation Letter?

 

The Resignation Letter is a written document used by the employee to notify the employer that he has decided to terminate the current employment relationship. In this letter, the employee explains his decision briefly and sets a fixed date for his last day.. This document is a good fit for  terminating an employment relationship, when:

  • The employee wants to inform the employer that he will leave the job, by letting him know also the last day of work.
  • The employer requests a written notice to the employee after being verbally informed of his resignation.
  • The employer wants to have a written record of each notice of resignation. 

In other words: Resignation Letter helps the parties maintain a good relationship, even when the employment ends. It also gives the employer an opportunity to coordinate the vacancies. 

 

Leaving job without a notice

 

Terminating an employment relationship without a notice is the reason why we wrote this blog post. Although it is not a desirable situation, the fact that it is often met in practice, gave us the idea to bring to the reader’s attention all the provisions of the Labor Code on the termination of employment relationships without a prior notice.

Ending an employment relationship without respecting the (above mentioned) notice terms is considered as ‘termination of the contract with immediate effect’. Consequently, the employee may lose his  right for payment during the notice period. 

If the immediate termination is made by the employer, without a reasonable cause, he is obliged to give the employee a compensation of up to 1 year’s salary, which is added to the salary he should receive during the notice period. Failure to comply with the notice deadlines also burdens the employer with a compensation equal to two months’ salary, in addition to other possible compensation.

 

Legit Solution: Letter of Resignation

 

Contracts, deadlines, laws, jobs, indemnities, other terms and deadlines… so many things to consider, in so little time available to act. Should I look for a lawyer? Is there a way to make things easier? Legit can find it for you! 

“Legal Documents” section in Legit’s platform enables you to generate the following documents:

Draft it  here!

In case you have other legal dilemmas, you can find a legit professional at our platform, in 5 minutes. Register in the Platform and use the service “Find an Attorney”. If this blog was of valuable information, share it with friends! Knowledge is power when it is shared! 🙂

You can draft and download a Resignation Letter in 5 minutes, while you are having a call with your employer to arrange a 1:1 meeting with him. So, you will be fully equipped to hand it over to him, in the meeting. 

Post Scriptum: Benjamin Franklin’s quote above and the following quote from the book “The Stranger” are both contextualized for stylistic reasons.

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