How to give notice at work in 5 points

Life brings many changes, and sometimes you find yourself facing an important decision to quit your job. Whether you have another tempting job offer waiting for you, or you are looking to escape an unpleasant work environment, it is always important to keep in mind the legal process when giving notice. In this article, we’ll outline five important points to keep in mind when you decide to quit your job.

1. Where do I sign? Where should I deliver the notice?

You must always give your notice in writing with a handwritten signature. This is the only way it will be valid. However, do not rely on hand delivery. You will need to prove delivery of the notice.

It is best to hand in your notice in person and have a copy of it signed and stamped by your employer (a copy at the office is sufficient). Alternatively, make two copies of the notice and keep one with your stamp and signature.

If this is not possible, send it by post. However, always send it at least by registered post and keep the postcard carefully.

If you use a specific model notice or notice form, it is not necessary to follow it in detail, it is only important to follow the basic requirements.

2. What must the notice contain? Is there a form?

There is no prescribed template or form for the notice. However, if you want to make sure your notice contains everything you need, you can use our sample notice. It should make it clear who is giving it, to whom and when. You do not need to give the reason for giving notice, i.e. why the employee wants to leave. On the other hand, if the employer is giving notice, they must clearly state the reason and defend it. You do not have to use the template when the employee gives notice, but it may make it easier to prepare.

3. How long is the notice period, i.e. when do I give my notice if I have already arranged a new job?

The notice period is usually two months. A longer notice can be agreed in the employment contract, but never shorter. It starts on the first day of the calendar month following the delivery of the notice and ends on the last day of the calendar month in question. So if you give your notice on 31 May, for example, the notice period will end on 31 July. If it is delivered one day later, i.e. on the first day of June, it will not expire until 31 August.

4. I need to leave my job in less than two months, what are my options? And what if I just stop coming to work without an agreement while my notice is running – what is the risk?

It is always possible to agree on any date of termination, even from one day to the next. However, this requires the consent of both parties – the employee and the employer. You can also put your request for termination in writing, which will simplify the process and make it more transparent. There are various templates and forms to help you prepare the document.

If an agreement is not possible, the employee should comply with the notice period. He should therefore give his notice on time, even if the employer discourages him from doing so and offers to negotiate better terms. In fact, it is always possible to cancel the notice by agreement, so the employee does not lose anything and can continue to negotiate.

If the employee leaves early without the employer’s permission, he or she runs the risk of being su ed by the employer for damages (e.g. the unfinished project has made the cost of freelancers more expensive, the production line is costly, etc.). However, the employer would have to prove this very well, including the amount of the damage in question. It cannot therefore “shoot it” from the hip.

If you haven’t found a new job yet, it’s time to start looking during your notice period. Your current employer is obliged to give you half a day off each week to look for a new job (e.g. to attend interviews). This time off is cumulative, so you can take two full consecutive days in a month, for example. However, it is important to note that this is unpaid leave (it is only paid if you have been given notice).

5. What about the competing clause?

If you resign, your bond with your former employer may not be completely severed. For example, you may not be allowed to work for a competitor because of a competition clause.

A non-compete clause is actually an agreement that the employee will not engage in gainful employment for a period of time (but no longer than one year) after the termination of employment that is identical to the employer’s business or that is competitive with the employer. This prevents the misuse of know-how. In return, however, monetary compensation must be agreed, which the employer pays to the employee throughout the period of ‘non-competition’. The amount of this compensation should be at least half of the employee’s average wage.

Once you have decided that it is time to leave your current job, it is important to proceed carefully and follow the law. Our guide has provided you with key information on how to hand in your notice and what to expect in the days and weeks ahead. Finally, however, it’s important to remember that every situation is unique. Whether you’re resigning from your job, looking for a sample resignation letter, or unsure how to properly word your termination request, it’s always a good idea to be thoroughly prepared. Therefore, if you have any doubts or questions about your termination, it is a good idea to consult with an employment law expert.

Conclusion

Are you looking for a sample notice or termination form? If you have any doubts, do not hesitate to contact our employment law experts to help you avoid complications. For easier preparation, use our downloadable resignation letter template and be sure your resignation letter meets all legal requirements.

Remember that every situation is unique – whether it’s a request to terminate employment by agreement or to deal with a notice period. The key to a smooth termination is good preparation and knowledge of the legal steps.