articles

Home / DeveloperSection / Articles / What Legal Rights Do I Have When Submitting My Resignation?

What Legal Rights Do I Have When Submitting My Resignation?

Erika Rykun683 16-May-2019

If we were to consider resignations the way they do it movies, it should be enough to announce your intentions in a theatrical manner, possibly slamming a few doors on your way out of the boss’s office.

In reality, the resignation is a complex process that requires several steps before it is complete. Moreover, you should make efforts to leave on good terms and burn as few bridges as possible (for reasons we’ll explain later in the article).

Quitting a job takes an emotional toll on anyone (whether they show it or not), and it’s a decision that shouldn’t be taken lightly. This means that you should consider your reasons and make sure your motivation is strong and based on logical facts.

Among the most popular reasons listed by employees in their exit interviews, are career advancements (they were offered a better position in a different company), a need to change the work environment, trying their chances as an entrepreneur, or becoming a stay-at-home parent.

Now, if you are sure this is the right step for your current situation, we put together a detailed guide to help you navigate this process like a pro.

How to Resign Properly

The resignation is defined as the clear statement (verbal or in writing) by you (the employee) to your employer, that you are going to leave the company. As such, if you just threaten to leave if things don’t change as you want them to, is not considered a proper way to give notice of your resignation.

Now, if you’re leaving a small company, with a clearly defined hierarchical structure, it’s easy to know who to give notice of your resignation. However, big companies can be a bit confusing, so it’s best to have a meeting with your direct manager and inform them about your intentions before anyone else. If a face-to-face meeting is not possible, an email is the next best thing.

Most employers require written notice (here’s a comprehensive guide on how to write a resignation letter), a fact which is specified in your employment contract. If this is not clearly defined by the company, it’s best to ask the human resources department. Otherwise, if you don’t give proper notice, you risk postponing the start of the notice period.

The Notice Period

This is a sore spot for many employees, as submitting your resignation can make things a bit uncomfortable. However, the notice period is a contractual obligation and you must fulfill it unless you manage to strike a deal with your employer.

Most companies will ask for a two weeks period from regular employees, but if you are part of the management team, this period can be longer. Also, the notice period can be different from one company to another, so it’s best to read your employment contract.

Do I have to work during the notice period?

Yes, you will have to work during the notice period (unless you have a different offer from your employer) and you will have to continue doing a good job even if you’re on the way out. But again, the situation is different from company to company. Some employers will agree to use your vacation days for this period while others will put you on gardening leave.

If you don’t want to stay for the entire notice period, try to reach an agreement with your employer. Otherwise, you would find yourself in breach of contract and there can be legal consequences.

Financial Rights

Financial aspects can get murky in a resignation, so it’s important to know your rights when it comes to what is owed to you by the employer.

Unused Leave and Sick Pay

You may be entitled to financial compensations for unused vacation days, sick pay, and any other unused leave provided by the company. However, the way you’ll be paid for these and if you will be paid differs from company to company.

This is why you must read your employer’s policy on this topic.

Severance Pay

This is not usually offered when an employee leaves voluntarily (which is what a resignation usually represents). Severance pay is offered in the cases when the company had to let go of the employee due to downsizing or job elimination.

However, you may be entitled to severance pay if the employer deems your departure as a downsizing. Still, this is something that needs to be discussed with your direct manager (but it may be worth asking the question).

Last Payments

You have the right to be paid as specified in your contract during the notice period, but the date of the final payment may be different than the usual payment date. Also, you are entitled to payment even if the employer doesn’t provide you with the opportunity to work during the notice period.

Legal Rights

Employees have the right to resign and, as such employers must accept any resignation as long as it is given according to company rules. This means that your company cannot refuse your resignation notice and must follow the established protocol.

Moreover, there is a short period of time (usually a few days maximum) when the employee can withdraw their resignation letter. However, this is a practice that can create tensions in the workplace, so it’s best to think everything through.

Employees have the right (and obligation) to remove personal files and data from the company’s computers, phones, and other electronic devices. However, they do not have the right to copy or transfer client information or documents owned by the company. This practice can and will attract legal consequences!

Why is it Important to Resign Gracefully?

Whether you found a new job, or you want to start a new path in your life, it’s important that you remain professional towards the old employer. Even if you’re resigning because of the negative work environment, it’s still important that you do so with grace and composure.

If you let emotions get the best of you, it’s easy to miss legal aspects that may entitle you to financial compensation. Moreover, when you resign on the spur of the moment, it’s easy to forget that there’s still a notice period, which will make things uncomfortable for you and your colleagues.

So, even if you’re extremely happy with your old job, it’s best to burn as few bridges as possible.



Updated 16-May-2019

Leave Comment

Comments

Liked By