Bye bye boss. Have you landed the next career challenge and can’t wait to get started? Have you inherited from a great-great-aunt and are going around Thailand for 12 months? Minute butterfly, we must resign before. And not just any old way.
Every day thousands of employees seriously consider quitting their current job but do not take action, for lack of information, or for fear of making the wrong decision.
Rest assured, employment law is full of resources which, with a little imagination, will offer you many options to solve your problem.
We’ve all dreamed of being the one in Lotto 6/49 commercials that says “Bye Bye, boss! »Heading towards freedom. Instead, here are some tips on how to quit your job with grace.
Choosing the right time to quit
2 weeks notice, more or less? It is customary to give 2 weeks notice, but no law requires you to do so. It is recommended to consult your employment contract to see if there is a clause on this subject. Be aware that giving too much notice on top of delaying the start of your new job can be harmful. Your motivation will decrease every day once your resignation is announced, as well do not lengthen the ordeal!
Who to notify, when and how
Make sure you tell the right people first: your boss and then the HR department, in order. Then, you will have all the freedom to announce it to your friends and to organize a starting 5 @ 7 with all your colleagues. You can finally tell them about your new dream job in the Bay of San Francisco!
Sometimes, by announcing your resignation, your boss tries to keep you in the company. Suddenly you see him panicking. Whether it’s offering you a bigger salary or greater responsibilities, it throws you full of promises. Be prepared for this eventuality and ask yourself: if by giving my resignation I am offered a real promotion or a real salary increase, will I stay? Beware of false promises!
Paperwork and exit interview
There are several categories of people who quit their jobs. The “completely jaded” who say goodbye by slamming the door. Anxious people who send an email to their boss at 6:00 p.m. so that he does not read it until the next day. The loyal ones who almost regret having accepted another job.
It’s up to you to choose your category, but don’t neglect the exit interview.
The exit interview is often organized by the HR department to collect your comments on your stay with the company. It might be tempting to empty your heart in this last interview, but please hold on. Nothing good will emerge from your complaints, or so little.
There are ways to submit your ideas for improvements to the company you are leaving. Go sparingly. Say what can help your coworkers who stay, but nothing more.
It is always good to provide a letter of resignation. Nothing very complicated. Simply announce that you are leaving office and the date of departure. It takes 2 minutes to write and could avoid a lot of misunderstanding.
The departure email
What is the custom in your business? A long 2 page email sent to everyone recounting your great exploits and your Christmas party anecdotes of the last 10 years? These farewells may not leave the impression you hoped for. A brief message containing your personal email address can be appreciated, although today with social media anyone can find you easily if they really want to …
Keep in touch
Speaking of social networks, beware of a little embarrassment, especially if you want to say: bye bye boss, I will not miss you …
Please don’t do that!
You want to be remembered for the right reasons! Leave with dignity.
More things to consider before quitting any job!
How can you quit your job without ending up without an income overnight?
1. Take time off to breathe for a while.
Your employment contract will be “suspended” and you will return to your post at the end of this period.
Individual training leave which has become the professional transition project
The professional transition project allows the employee to be absent from his post (up to one year) in order to follow training to qualify, develop or retrain. It is subject in particular to conditions of seniority in the company.
The advantage is twofold: the employer cannot refuse it (but he can delay the departure) and the employee is paid for the duration of the training .
Leave without pay.
Do you want to go to Mexico or Bali for several months to take stock?
Put some money aside, take your courage in both hands, and ask your employer if he would agree to grant you unpaid leave (even if this means adding unpaid leave to paid leave that you could have accumulated, in particular if your company has a time savings account agreement in place ).
However, be aware that the agreement of your employer is necessary , that you will not receive any remuneration during the time of the unpaid leave and that the duration of the absence is not taken into account for the calculation of the rights resulting from the seniority for paid leave.
Sabbatical leave.
Sabbatical leave is leave for personal convenience which suspends the employment contract. Certain conditions must be met to be able to benefit from it (in particular seniority).
The advantage of this leave is simple: the employer’s refusal is limited (and depends on the size of the company).
However, you do not receive any remuneration during the period of this leave.
Leave for setting up or taking over a business.
If you plan to create or take over a business, you can, under certain conditions, either take leave for the creation or takeover of a business, or benefit from a period of part-time work.
The employer can decide to postpone or refuse this leave, but only under certain conditions .
Sick leave: good or bad idea?
If your condition no longer allows you to perform your job properly, it may be time to take a temporary stop.
Should we voluntarily go on sick leave by simulating an illness or an accident in order to breathe temporarily? Some employees do so… in our opinion this solution should not be implemented since it will often have the effect of worsening the problem.
2. Return to satisfactory working conditions via a modification of the contract formalized by an amendment.
You find your working hours too trying: the part-time solution.
Wouldn’t your current job be more comfortable working only 4 days a week or having school vacations available to take care of your children?
You can negotiate with the human resources department an amendment to a part-time employment contract for a determined period (even if you are on a days package).
This solution requires the employer’s agreement and your remuneration will be reduced for time not worked.
You want change: transfer or teleworking.
If your company has several establishments have you thought about the solution of the transfer?
Likewise, wouldn’t you be better off working telework from home ? It is possible, for certain trades, to negotiate the use of teleworking. If no collective agreement or “charter” provides for teleworking, you can always formalize it by any means with your employer .
You like your job but you think your pay is too low: negotiation
Why not renegotiate your compensation with your employer? Take your courage in both hands, get ready, and request an appointment with the human resources department! Luck belongs to the daring.
3. Breaking your employment contract: not just any old way!
When no solution mentioned above is possible or desired, it is always possible to terminate your employment contract.
Break his employment contract and lay the blame on the employer.
When your employer does not respect his obligations, it is possible to terminate the employment contract and impute this breach to the employer.
Taking a justified act : a justified act is a breach of the contract at the initiative of the employee due to a sufficiently serious breach by the employer of one of his obligations producing the effects of a dismissal without real and serious cause or null.
Judicial termination: the employee may take the initiative to seize the labor tribunal for the purpose of having the contract terminated by court. If the employer’s breaches are sufficiently serious, the termination produces the effects of a dismissal without real and serious cause or null.
The advantage of these termination methods is that they can make it possible – if the conditions applicable to each termination method are met – to recover the amount of severance payments and, in addition, to obtain compensation for dismissal without real cause. and serious.
The disadvantages :
For taking the act the risk is quite simply to lose your job and not get any compensation as in the case of a resignation.
For judicial termination, the risk is to end up in an execrable working environment since the employee continues to work in parallel with the proceedings initiated.
Request a conventional break?
It is always possible to initiate a conventional termination request.
The advantage is that you will be able to receive unemployment benefits once the contract is terminated.
The downside is that the employer’s agreement is required for this type of termination.
Be gentle with your request …
To resign ?
If you feel bad about your job why not look for another one?
In the event of a favorable response, a promise of employment will allow you to resign without fear of finding yourself without a job (and without unemployment benefits).
Be careful, however, to the notice that you must respect unless your employer has dispensed or reduced its duration and to a possible non-competition clause provided for in your employment contract.
Willfully provoke a dismissal?
Some employees are wondering about the possibility of forcing a dismissal in order to obtain severance pay and to be entitled to the return-to-work allowance (unemployment benefits).
The preferred way of this maneuver is the abandonment of post .
It is a solution which can, if necessary, work… but which presents too many risks to consider seriously.
An informed employee is worth two! Inform yourself well before making your decision!
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