Employees usually don’t know that they can ask to leave a company immediately.
The start of the school year in September is a bit like the start of the new year: some see it as the ideal opportunity for a fresh start. The holidays have made you think and a project has matured over the summer, new desires have emerged, another balance is sought… It’s decided, it’s time to resign. A choice that is not insignificant, however, and that cannot be made overnight. Or almost.
Generally, when you want to leave your job, it is mandatory to continue working for the company for one, two or even three months. This is called notice, implemented so that employers do not find themselves helpless with one less employee, without having had time to organize themselves. However, exceptions exist and few know about it or, at least, dare to talk about it when leaving a company.
It is indeed possible for a resigning employee to negotiate the length of their notice period with their employer, to the point of not working any at all. To do this, simply contact your employee or manager directly to inform them of your request: the law allows it. If both parties agree, then the notice period can be reduced in part or completely.
The request can be made orally or in writing, but it is preferable to send it by email or post in order to keep a record of the exchanges, in the event of a dispute. Generally, the request is made in the resignation letter and can take this form: “By way of derogation from the terms of my employment contract (or the collective agreement), I thank you for kindly exempting me from the notice period of (duration in months) so that my departure becomes effective on (date).” The employer’s response is also sent in a letter.
In the case where it is the employer who exempts the employee from notice, then the latter receives compensation. Since it is the employer who imposes the departure from one day to the next, the latter pays the month(s) of salary that the employee should have received during his notice period.
Furthermore, there are two situations in which the employee has the right, de facto, to resign without notice: when an employee is pregnant. It is then possible to leave one’s position at any time. Furthermore, either within two months after giving birth or as soon as maternity leave ends, the law authorizes leaving one’s job (almost) without notice to raise one’s child. However, the employee is required to inform her employer at least 15 days in advance.