Categories: Business

Resigning overnight, without notice, is possible and few people know it

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Employees generally 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 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 people know about it or, at least, do not dare to talk about it when leaving a company.

It is indeed possible that an employee resigning employee can negotiate the length of his notice period with his employer, to the point of not serving 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 in full.

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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 exception to 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 compensatory compensation. Since it is the employer who imposes leaving overnight, the latter pays the month(s) of salary that the employee should have received during his notice period.

In addition, there are two situations in which the employee has the right, de facto, to 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 at the end of maternity leave, 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.

Teilor Stone

Teilor Stone has been a reporter on the news desk since 2013. Before that she wrote about young adolescence and family dynamics for Styles and was the legal affairs correspondent for the Metro desk. Before joining Thesaxon , Teilor Stone worked as a staff writer at the Village Voice and a freelancer for Newsday, The Wall Street Journal, GQ and Mirabella. To get in touch, contact me through my teilor@nizhtimes.com 1-800-268-7116

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