How to give notice at work in 5 points

Chapters of the article

• Where do I sign? Where do I deliver my notice?
• What must the notice contain? Is there a form?
• How long is the notice period?
• I need to leave my job in less than two months, what are my options?
• What about a competing clause?

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?

Youmust 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.

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

There is no prescribed template or form for the notice. It should be clear who is giving it, to whom and when. The reason for giving notice, i.e. why the employee wants to leave, does not need to be stated. On the other hand, if the employer is giving notice, he or she must clearly define and justify the reason.

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

Thenotice 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 receipt 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 ends on 31 July.

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 onany date of termination, even from one day to the next. However, this requires the consent of both parties – the employee and the employer.

If no agreement is 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. 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 that the employer will claim dam ages (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.

Anon-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. However, a monetary compensation must be agreed for this, 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. Therefore, if you have any doubts or questions about your notice, it is a good idea to consult with an employment law professional.