Quitting your job is a serious decision that should not be taken impulsively. The way you leave the workplace can have direct consequences on your future employment, legal security and financial stability.
Although the law protects the employee as the "weaker party" in the employment relationship, it does not mean that you can leave without paying attention to the form, deadlines and obligations you have. In the following, we highlight the most important things that you must pay attention to when resigning, in order to avoid unnecessary problems.
Always give your resignation in writing
The termination of the employment contract must always be given in writing. Verbal communication, leaving a message or simply not showing up to work is not considered a legal dismissal and can create serious consequences.
With the written statement, you clearly and unequivocally inform the employer that you want to terminate the employment contract. You are not obliged to state the reasons for leaving, unless you yourself consider it appropriate.
The resignation should be properly delivered to the employer, that is, to the immediate superior or authorized person. This is the only way you can be sure that the notice period will begin to run.
Check and respect the notice period
The basic rule is that when the employee cancels the employment contract, the notice period is at least one month. With an employment contract or a collective agreement, a longer term can be agreed, but it must not exceed three months.
The notice period begins the next day from the day the notice is delivered to the employer. During this period, you are obliged to come to work regularly and fully perform the work tasks.
Failure to comply with the notice period, without a legal basis or an agreement with the employer, may result in claims for damages or damage to your professional reputation.
Agreement for cash compensation instead of notice period
The law allows the possibility for the employee and the employer to agree on monetary compensation instead of serving the notice period. This means that you can immediately terminate the employment relationship, and the employer will pay you compensation for the entire period of the notice period.
It is important that such an agreement be clear and unambiguous. If there is no written contract, it is considered that you are obliged to serve the notice period.
In the case of an agreement for monetary compensation, the employment relationship ends on the day of delivery of the resignation.
Settle all obligations and open issues
Before leaving the workplace, it is important that you have no outstanding obligations to the employer. This includes disposing of equipment, documents, official assets and other entrusted matters.
Also be aware of possible contractual obligations, such as confidentiality clauses, non-competition clauses or liability for damages. Failure to comply with these obligations may lead to legal proceedings.
It is good practice to provide evidence of work performed, tasks assigned and communication with the employer, especially if there is a risk of future disputes.
When you can resign without a notice period
You have the right to cancel the employment contract without a notice period if the employer seriously violates the legal obligations. This includes, among others, non-payment of wages, payment of reduced wages, unsafe working conditions or abusive and discriminatory behaviour.
In these cases, it is mandatory to warn the employer in advance in writing and give him a period of three days to remedy the injury. If that doesn't happen, you can legally leave without notice.
In such situations, the employee has the right to severance pay and compensation at least in the amount of the lost salary for the period of the notice period.
Request your documents and certificates
After the termination of the employment relationship, the employer is obliged to return all your original personal documents to you.
You also have the right to receive confirmation of the type of work you performed, the duration of the employment relationship and other data that you may need for future employment or exercising rights.
Proper and responsible resignation protects you from legal and financial consequences and preserves your professional integrity. Respecting the form, deadlines and obligations is in your best interest.
If you have doubts or find yourself in a complex situation, timely legal consultation can prevent serious problems and allow you a safe and peaceful termination of the employment relationship.
