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For More infos. All employees have the right to re , that is, to terminate their employment contract at their own initiative. To terminate their labour contract, employees must demonstrate their serious and unequivocal intent to do so. The employee must comply with certain formal and notice-period requirements when reing. Except in the case of serious misconduct on the part of the employer , the employee must observe a notice period , the duration of which will depend on their length of service in the company:.
An employee may re during their trial period. Once their trail period has expired, the employee may only terminate their employment contract in the event of:. Except in these circumstances , a fixed-term employment contract may not be terminated before its planned end date without the infringing party being liable for damages. The notice period is calculated based on the duration of the trial period. When the duration of the trial period is expressed:. To protect the employee in the event of dismissal during the trial period , the employment contract may provide for a longer notice period for the employer, but not for the employee.
The employee must express their desire to re in a clear, thought out and unequivocal manner. The employee must specify in the letter that they are giving notice of reation. Notice of an employee's reation in another form is not, however, automatically considered irregular and still may be legally valid.
There is no need to provide a reason for the reation. The employee is free to leave the company. Once notice has been given, the reation is irrevocable unless the employer allows it to be withdrawn. The notice period begins on the day after notification of termination of the contract during the trial period. Example : if the trial period runs until 31 March, the day notice period must end on 31 March at the latest. If the remainder of the trial period makes it impossible to respect the prescribed notice period , the employee must follow the rules applicable to the termination of a permanent employment contract.
A female employee who opts to raise her child after her maternity leave does not have to return to work, and there is no need to comply with a notice period. In this case, the employee needs to send a letter of reation after her maternity leave. Any misconduct committed before or during the notice period is punishable in the same way. Thus, an employment contract can be terminated immediately for serious misconduct during the notice period. During the notice period, an employee may take the remainder of their annual leave , but cannot be forced to do so.
However, the employer may deny the employee the requested leave if staffing requirements dictate that they do so. Leave due but not yet taken at the end of the notice period is paid at the same time as the last pay packet, in the form of a compensatory benefit for leave days not taken. The notice period is a fixed period of time.
Thus, it cannot be extended in the event that the employee falls ill. The notice period therefore ends on the date originally scheduled, even if the employee is ill throughout the entire notice period. Upon an employee's reation, if there is a time savings in place, the employer is required to liquidate the balance of the employee's saved leave days by paying a compensatory benefit in lieu of those due leave days. Employees with a permanent employment contract or on a trial period who decide to re without observing the required notice period may be ordered to pay their employer compensation in lieu of notice.
This corresponds to the salary due for that part of the notice period during which the employee has not fulfilled their professional obligations. In principle, the exemption from work must be granted in writing. This way, the employee:.
However, in the event of a dispute, if the exemption from work was agreed to orally , the employee is entitled to use any means at their disposal to prove its existence , and particularly testimonials by third parties. An employment contract may specify that work is to begin on a date after the contract has been ed. If the employee terminates the contract before actually beginning work , they may be required to compensate the employer.
Indeed, both the employee and the employer are bound by the obligation to perform the contract in good faith. However, in order to receive compensation, the employer must prove that they have suffered damage. Go to main Go to content. Menu main Main menu. Floods Aid following the floods For More infos. Deadlines Worker with a permanent employment contract Except in the case of serious misconduct on the part of the employer , the employee must observe a notice period , the duration of which will depend on their length of service in the company: less than 5 years: 1 month ; between 5 years and less than 10 years: 2 months ; 10 years at least: 3 months.
Employees may not impose on their employer, without the latter's consent, a different notice period than that required by law. Notice period for an employee during the trial period Duration of the trial period Notice period calendar days 2 weeks Cannot be terminated except for serious misconduct 3 weeks 3 days 4 weeks 4 days 2 months 15 days 3 months 15 days 4 months 16 days 5 months 20 days 6 months 24 days 7 months 28 days months 1 month.
An oral reation or a forced reation is usually not recognised. Failing this, the contract is recategorised as a permanent employment contract. This does not apply to employees who, at the end of their maternity leave, wish to leave and work for another employer. The compensation is not payable if there has been serious misconduct on the part of the employer. An exemption from work from work must not result in a reduction in the salary , compensation and other benefits to which the employee would have been entitled if they had performed their work.
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