Resignation Q and A

Make sure you consider all your rights when terminating your employment contract. For example, do you have rights to unemployment benefits, paid holidays or a year-end bonus? For this, it is always better to break the contract by common consent when leaving a company.

Sometimes, the employer will agree to dismiss an employee. This situation is ideal if you want to break the contract by common consent and certainly worth discussing. 

What is your notice period?

The notice period does not begin until the first day of the month following your resignation. If you want to have a minimum notice period you should consider handing in your letter of resignation on the last day of the previous month. If you cannot come to an agreement with your employer about that termination notice period, the Judge of Labour will make the decision.

ŸIf you have been working for less than five years and receive a gross annual salary of less than €32,254, the employee must respect a notice period of at least six weeks. If you have been working for the employer for more than five years, the notice period increases to three months.

ŸIf your gross annual salary goes over €32,254, your notice period must be negotiated with the employer. It may not be longer than four and a half months if your gross annual salary is between €32,254 and €64,508, and no more than six months if your annual salary is more than €64,508 a year.

You can find a handy calculator here.

What to put on your resignation letter

When writing your letter of resignation, make sure to include your name and contact details, the date, you wish to end your employment contract, the company’s name and address, the start date of the notice period, the maximum duration of the notice period as laid down by law. You do not have to explain your reasons for resigning.

What happens next?

During your notice period, you have the right to take one day a week as ‘solicitation leave’, or a day off to search for other employment. The same notice period rights apply in the case that your employer ends your work contract. The difference is that you are then entitled to reduce the period of notice by giving ‘counter-notice’ of your own. You are also entitled to take leave in order to find a new job.

(Photocredits: D. Doukhan)


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