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When an employee resigns, can the employer force him to perform all of his notice? Can he negotiate a waiver of notice with the employee?
Can I impose the execution of a notice?
The employer is entitled to refuse to shorten the notice of an employee, and to impose its execution. However, he cannot impose it in the case of the arrival of a child. Thus, women in a state of apparent pregnancy are not obliged to carry out their notice. Similarly, this exemption also applies to maternity or paternity leave, or in the event of adoption. Attention, the employee must notify his employer by registered mail, respecting a notice period of 15 days.
Can I refuse its execution?
The notice is binding on the employer if the employee wishes to perform it. During this notice period, the employer must respect all the obligations of the employment contract: payment of wages, payment of bonuses and commissions, respect for the position and duties of the employee. In the event of non-compliance, the employer may be ordered to pay the employee compensation for notice. Only exception: if a serious or gross fault has been committed during the period of notice.
How to negotiate with the employee?
The employer has the option of offering his employee a waiver of notice, which may be partial or total. This can be done at the request of the employee or the employer. The proposal and its acceptance must be formalized in writing. It is advisable to draw up a separate document for this exemption, which must be signed by both parties. If the exemption is made at the request of the employer, the latter must pay the full notice to the employee.
DAMY Law Firm, Nice, Labor Law, Update 2022
