Resign It is a decision that must be taken with responsibility and planning. In addition to personal and professional effects, this process also requires a series of legal considerations that It can affect the worker If this is not done correctly. from Compliance with the notice Even the right to settle, there are major aspects that the lawyer recommends taking into account to avoid complications.
The first thing is to assess the need to submit a resignation or, instead, request leave. I think that if you are lowering your business, it will be that Abandoning it categorically. On the other hand, with a voluntary leave, if you do not find another job or regret your decision, you may have the ability to reintegrate your old site. In the event that the company does not want to return, you are entitled to get unemployment.
In addition, you do not need to justify the petition for the leave, and this may last for at least four months, A maximum of five years. Of course, you can request this if you have more than a year in the company, and you haven’t requested a vacation in the past four years.
To request a re -repetition, you should notify a month in advance although it is necessary to know that reinstallation is not guaranteed. What you have is a preferential right to re -enter vacancies of equal or similar category for you. If you cannot return to you, you have the right to get unemployment.
Instead, if you decide Help yourself Traditional, it is necessary to be aware of the steps that must be followed.
Review of the contract and the collective agreement
Before submitting a resignation, the first thing the work lawyer recommends is to review the employment contract and the applicable collective agreement. These documents contain basic information about the main details of the unilateral separation of the worker.
On the one hand, it is important to know the notification period, which is The minimum time The worker must transfer his resignation before his departure. This period varies according to the sector and antiquities in the company. the Filter conditions. Some contracts may create specific items on compensation or returning benefits in the event of early resignation.
Also if the worker has Unprecedented After contracting, you must review the restrictions you can face in your next job.
It is important to be aware of all these aspects to avoid possible legal problems, economic sanctions, or even conflict with the company. Therefore, it is recommended to read carefully Conditions signed originally Before making a final decision.
Defining resignation: the official process
To ensure an organized exit and avoid misunderstanding, experts in the Labor Law recommend to communicate to resign in a way Official and writing.
The letter of abandoning the following information must include:
- Personal data for the worker (name, identifier, address).
- Document Document History.
- Explicit manifestations of resignation with the date of effectiveness.
- Referring to the notification period, and ensuring that the text stipulated in the contract is respected.
I also recommend delivering the message on hand and asking for Acknowledgment of a signature receipt. If the company refuses to sign, it can be sent by Burofax or the approved mail to leave the legal record.
Previous period: Key to avoid penalties
The notification is one of the most important aspects when resigning from a job. In most sectors, this period usually ranges Between 15 days and monthlyDepending on the collective agreement and the professional category.
If the worker does not respect the notification period, the company will carry the right to do so Discount The days did not succeed. In some cases, if the agreement permits, the company may claim additional compensation for the damage.
Some exceptions that can exempt the notification factor include dangerous breach positions by the company, such as the failure to pay repeated, and the resignation of changing employment with immediate establishment, if it is agreed with the company, in addition to cases where the company does not require compliance with the notification and accepting the immediate exit.
Worker rights after resignation: settlement
When the worker resigns, he is entitled to obtain a settlement, which must include:
- The salary corresponding to the days that worked this month.
- The relative part of exceptional payments, if not suitable.
- The leaves did not enjoy, calculated depending on the days that were created until the date of departure.
- Additional hours or hanging reward, if it is listened to the contract.
but, You are not entitled to compensationSince this is given only in unacceptable or objective reasons.
The common mistake is not carefully verifying the settlement account. If the worker discovers unjustified violations or discounts, he has a period of 20 working days to make a claim Before the company or, in the end, move to the judicial road.
How to resign without legal risks
Resignation from the job is a process that must be managed with caution and legal knowledge. By following the recommendations of the lawyer, you can Avoid problems As economic sanctions, loss of rights or conflicts with the company.
Before submitting the resignation, it is necessary to review the contract, write the official resignation letter, respect the notification and make sure to receive the correct settlement. The manager’s exit not only protects the rights of the worker, but also contributes to closing the work stage in a professional and without legal complications.
