Life brings changes and sometimes leaving a job is the right thing to do. Some people leave for a better offer, others leave because of the atmosphere in the workplace or because the job just doesn’t make sense anymore. Whatever the reason, it pays to know the basic rules so that a routine termination doesn’t turn into an unnecessary dispute. The text is based on an original article by the user.
1. The notice must be in writing and you must be able to prove it
An employee’s notice must be in writing. A verbal notice, an email without a recognized electronic signature, or “I told my boss in the hallway” is not enough.
In practice, it is therefore safest to hand in your notice in person and have a copy of it acknowledged. If you can’t, send it by registered post. For important work-related steps, always bear in mind that one day you may have to prove when the notice was actually delivered.
A typical mistake in practice is simple: the employee has written the notice correctly but fails to prove when and to whom it was given. Then there is an unnecessary dispute about when the notice period started.
2. The employee does not have to state the reason
There is no compulsory form for the employee to give notice. However, it must be clear who is giving it, to whom it is addressed and that it is indeed a notice of termination of employment. The date and signature are of course essential. You do not have to give a reason.
This is a crucial difference from a notice from your employer. The employer can only give notice for lawful reasons and must specify these in the notice. The employee has a simpler situation: he can leave without explaining.
Sometimes people write long, emotional passages in their notice about why they no longer want to work with a particular manager or why the company has let them down. Legally, this usually doesn’t help anything. On the contrary, it is usually better not to elaborate unnecessarily and to keep the text short and to the point.
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3. The notice period already starts from the date of delivery
This is a change that some people are still not used to. Since the entry into force of the flexi-novela of the Labour Code, the notice period starts from the date of delivery of the notice to the other party. It ends on the day that coincides in number with the day of delivery; if there is no such day in the last month, it ends on the last day of the month. The standard period of notice shall be at least two months.
In practice, this means that if an employee gives notice on 15 June, for example, the employment relationship will end on 15 August with two months’ notice. The older rule of “from the first day of the following month” no longer applies.
The employer and the employee can agree on a longer or different length of notice, but it must be the same for both parties. Therefore, always check the contract of employment or any subsequent amendments when giving notice to an employee.
4. Need to leave early? Without an agreement, it’s often a risk
If you need to quit sooner than two months, the cleanest route is a severance agreement. This can end the employment relationship on virtually any date, but only if both parties agree.
When agreement is not possible, the notice period should normally be observed by the employee. If he or she stops coming to work without excuse and the employer suffers damage as a result, the employer can claim compensation. In the case of general liability for damages, the Labour Code provides for a limit of up to four and a half times the employee’s average monthly earnings, but not an “unlimited arbitrary amount”.
In practice, therefore, it is not the case that an employer can simply declare that it has suffered hundreds of thousands of euros in damages as a result of an employee’s departure and automatically deduct it from the wages. It would have to prove the damage, the breach of duty and causation.
Tip for article
An employer cannot give notice to an employee just because he or she no longer wants to work with him or her. They must have a specific legal reason, describe it correctly and follow the whole procedure. It is on the form and timing that employers often err. We take a closer look at the topic in our article.
5. Time off to look for a new job now has more precise rules
The rules for time off work to find a new job have changed from 1 June 2025. The simple “half a day every week” rule no longer applies. The extent and whether it is paid or unpaid leave depends on how the employment relationship ends.
If the employment relationship ends by notice given by the employer for organisational or health reasons pursuant to Section 52(a) to (e) of the Labour Code, or by agreement for the same reasons, the period of leave with pay or salary compensation is limited to a maximum of 4 days. If the employment relationship ends otherwise, for example by the employee’s termination of employment, it is generally leave without pay, again within the statutory limits. This leave may be followed by further unpaid leave to use the advisory services of the Labour Office.
6. The competition clause may continue to apply after the departure
Leaving your job doesn’t have to be the end of everything. If you have a validly negotiated competition clause, you may be restricted in where and what work you do after you leave. Such a clause can last for no more than one year, and the employer must compensate you with money equal to at least half of your average monthly earnings for each month the obligation lasts.
In addition, today the obligation under a competition clause can be terminated by agreement or terminated with 15 days’ notice, unless the parties have agreed on another arrangement of equal length for both parties. So here too the rules have shifted slightly after the amendment.
In practice, it makes sense to re-read the competition clause before leaving the company. Many employees only realise when they sign a new contract that they have a commitment in their original job that may complicate their next career move.
Summary
Termination by an employee is relatively simple, but it pays not to underestimate the form. It must be in writing and properly served. You do not need to give a reason. From June 2025, the notice period starts from the date of service, so the employment relationship may end earlier than under the old rules. If you need to leave even quicker, the solution is an agreement. On the other hand, arbitrarily “disappearing from work” during the notice period may give rise to liability for damages. Finally, don’t forget the leave rules for finding a new job and any competing clause.
Frequently Asked Questions
Do I have to give a reason in my notice?
You don’t have to. An employee can give notice without giving a reason.
When does the notice period start?
From the date on which the notice was delivered to the employer. This is a change effective from June 2025.
How long is the normal notice period?
At least two months. The contract may be longer, but it must be the same for both the employee and the employer.
Can I quit overnight?
Only if you and your employer agree. Unilateral notice by the employee does not immediately terminate the employment relationship.
How much time off do I have to look for a new job?
It depends on how the employment relationship ends. After the amendment, from 1 June 2025, the simple “half a day a week” rule no longer applies; the amount and pay of leave depends on the reason for the termination of employment.
What do I face if I stop coming to work during my notice period?
Your employer can claim damages if it can prove that you have suffered damages and if they are related to your breach of duty.
How long can the competition clause last?
For a maximum of one year after the end of the employment relationship, the employer must pay at least half of the average monthly earnings for each month of the commitment.