Resignation: What are my rights?

Resignation is an important step in professional life, but it can be surrounded by uncertainty about rights and what steps to take. Whether you are about to resign or whether you are considering this option for the future, it is essential to understand your rights in 2024. This article guides you through the various resignation situations and informs you about your rights as an employee.

‍

1. Reasons for legitimate resignation 👀

The law recognizes certain reasons for resignation as legitimate, which allows you to benefit from Unemployment benefits in case of resignation. Among these reasons, we find in particular the Change of residence to follow your spouse who changes place of residence to take up a new job, or the need to take care of a disabled child in a reception structure. In these cases, the resignation is considered legitimate and you are entitled to unemployment benefits.

1.1. Change of residence for professional reasons

If your spouse changes his place of residence for professional reasons and you decide to follow him, your resignation is considered legitimate. You will be able to benefit from unemployment benefits, at condition to prove that this change is real and serious, and that it leads to the end of your employment contract.

1.2. Other legitimate reasons for resignation

Other reasons may also be considered legitimate, such as being admitted to a care structure for disabled children or becoming a victim of domestic violence. In these situations, it is important to consult a legal advisor or to contact France Travail to find out about your specific rights.

‍

2. Cases of illegitimate resignation 😧

In some cases, the resignation is not considered legitimate in the eyes of the law, which means that you will not be able to benefit from unemployment benefits. For example, resigning to take over a business or to attend a training course without an automatic termination clause can be considered as a personal choice and not as a legitimate professional reason. It is therefore important to check the conditions specific to your situation before making a decision.

2.1. Professional retraining project

If you resign to follow a training course or to retrain professionally, your resignation can be considered legitimate if you can prove that this choice is motivated by a serious professional project. In this case, it is recommended that you consult an employment counsellor or a lawyer specialized in employment law for advice tailored to your situation.

‍

3. The steps to follow in case of resignation

Resignation is an important decision that requires careful planning and compliance with certain administrative procedures. Here are the steps to follow to resign properly:

3.1. Preparation before resignation

Before resigning, it is crucial to take the time to think carefully about your decision and assess the consequences possible. Make sure you have a clear vision of your motivations for resigning and your long-term career goals. It is also recommended to have a backup plan in place, such as another job or ongoing training, to ensure a smooth career transition.

3.2. Employer notification

Once you have made your decision, you should inform your employer of your intention to resign. This notification should be in writing, preferably in the form of formal letter of resignation. In this letter, include your name, position, the date you plan to leave the company, and a brief explanation of your decision.

3.3. Respect for notice

Most employment contracts provide for a Advance notice to be respected in case of resignation. This notice may vary depending on the length of your seniority in the company and the legal provisions in force in your country. Be sure to respect this notice carefully to avoid litigation with your employer and to enable the company to find a suitable replacement.

3.4. Closing of files

During the notice period, be sure to To close all your current files and to transmit the necessary information to your replacement or to your colleagues. Be sure to hand over all company equipment and documents, such as laptops, keys, and access badges, and follow company departure procedures.

3.5. Departure interview

Some employers may organize a Departure interview to discuss the reasons for your resignation, gather your feedback on your experience with the company, and possibly make a counter proposal. Be ready to politely explain your reasons for resigning and express your gratitude for the opportunity you have been given.

3.6. Post-resignation planning

After leaving the company, take time to refocus on your career goals and plan your next step. Update your resume, look for news opportunities of employment, or are considering starting a new professional project or retraining. Take advantage of this transition period to recharge your batteries and consider new perspectives for the future.

‍

4. Rights and benefits after resignation 🚀

After resigning, many candidates have questions about their entitlements and allowances to which they can claim. Here is an overview of the main considerations to take into account:

4.1. Unemployment benefits

In general, voluntarily resigning from a job deprives the employee of the right to unemployment benefits. However, there are specific cases where a resignation can be considered legitimate and entitle you to unemployment benefits. For example, if the resignation is motivated by a change of residence to follow the spouse, a professional retraining, or particular circumstances such as domestic violence, it is possible to claim unemployment benefits.

4.2. Other rights and considerations

In addition to unemployment benefits, other rights may be affected by a resignation, such as rights to vocational training, the indemnities of departure, or the social benefits. It is important to find out about the impact of resignation on all of your rights and to take the necessary measures to secure your financial and professional situation.

4.3. Support in administrative procedures

Faced with the complexity of administrative procedures linked to a resignation, it may be useful to seek the help of an employment counsellor or a lawyer specializing in employment law. These professionals can provide personalized advice and support you in all stages of the process, from writing the resignation letter to finding new professional opportunities.

4.4. Anticipating the consequences

Before making the decision to resign, it is essential to anticipate the consequences financial and professional aspects of this approach. Take time to assess your motivations, short- and long-term goals, and the practical implications of your decision. By anticipating the consequences and taking the necessary measures to secure your professional transition, you will be able to approach this change in a serene and confident manner.

4.5. Additional Information

For more information on your rights after resignation, you can consult the site of France Travail or contact your Pôle Emploi advisor. These organizations can provide you with personalized advice and information specific to your situation.

‍

🌟 In short

Resigning can be a stressful process, but by understanding your rights and planning carefully, you can navigate the process with confidence. Whether you have a legitimate reason or not, it's important to take the time to think about your decision and seek legal advice if necessary. By knowing your rights and taking appropriate action, you can make your resignation a successful transition to new professional opportunities.

‍

‍

📕 Read also

• What are the obstacles to employability?
• How do you negotiate your salary?
• How to properly highlight your soft skills?

‍