What are your rights and duties if you feel like resigning from your job? In the United States, we talk more and more about this phenomenon of the “great resignation” which affects many European countries and of course France.
franceinfo: The number of resignations in France is at its highest since the 2008 crisis, what is it really?
Philippe Duport: More than 500,000 resignations declared over the period from the end of last year and the beginning of 2022. So the question that arises, of course, is: can I resign as I want, all at once? wire, a text message, a message on social networks? To this question, Karine Audouze, lawyer specializing in social law, at the UGGC firm in Paris, specifies that there is no formalism with regard to resignation, you can resign as you wish, but you have to contact their employer directly.
No message on social media or to co-workers, you kind of have to say it in front of your boss. It is recommended to do so in writing, there are even certain collective agreements which require that it be done by registered letter, but if the desire to resign is unambiguous and clearly expressed, then it passes, whatever the form. .
Can we stop working as soon as we announce our resignation?
No, most of the time you have to respect a notice period, provided for in the employment contract. If this is not done, the employer will be able to claim damages if the company is disrupted. The notice runs from the notification of the resignation. Most of the time, specifies Me Audouze, the resigners carry out their notice.
Are there differences depending on whether you are on a permanent or fixed-term contract?
Yes, in CDI you can resign at any time, but in CDD, after the trial period, the two parties are linked. One cannot therefore resign as one wishes, except to present proof of employment on a permanent contract.
Do you get unemployment if you quit?
The answer in principle is no, you are not involuntarily deprived of employment and therefore you are not covered, except that Pôle Emploi considers that there are several cases of resignation which open up rights to benefits: resignation for non-payment of wages, resignation to follow one’s spouse, and finally resignation for professional retraining. But it is Pôle Emploi which judges, and be careful, it is case by case.