Give up in a hurry, repent at leisure
At first glance, you would think that quitting your job was pretty straightforward. You decide to leave because you’ve had a better offer or you’re moving out of the area or starting your own business, or you just can’t take the job anymore, so just pick up the phone or walk into your manager’s office and say “I’m leaving. . Bye!” Simple truth?
Incorrect! As with most things on the job, there is more to it than that.
Most people have heard of the phrase “serve your notice”, but they may not be sure what exactly it means. It is due to the fact that employment contracts cannot normally be terminated immediately; you must give “notice” (that is, advance warning) of your intention to leave, just as your employer must notify you of their intention to fire you. There are exceptions to this, for example in the case of a serious misconduct or if your work permit runs out, but generally both parties must indicate their intention to terminate the contract. in advance.
Contractual and legal notice periods
There should be a section on notice and notice periods in your employment contract. Generally, notice must be given in writing, and either party to the contract will require a minimum amount of notice before employment can be terminated. It could be a week or a month, or some other specified amount of time, depending on your seniority and length of service with the company. Your contractual notice period cannot be shorter than the minimum notice periods established by law. If your contract does not cover notice periods (or a written contract was not given), then the default position will be the legal minimum, which in the case of an employee is one week, and in the case of an employer it depends on your duration of service and can be up to 12 weeks.
By law, if your resignation is not in writing and if you do not specify the date of your departure, it will not be effective and your company may refuse to accept it unless and until you provide the correct information in writing.
Therefore, if you simply walk into your manager’s office, announce your departure, and walk right there, you are in breach of your contract, not only by not giving written notice, but also by not giving the required amount of notice. If doing so causes your employers a financial loss (perhaps because they have to hire a temp to do their work until they can hire a replacement), then you can be sued for damages. Even if there is no financial loss, you are unlikely to get a positive benchmark if you behave that way.
Written resignation
A written resignation (which can be in the form of a letter or email) does not have to be long, but must say, at a minimum: “I am writing to notify you (x weeks) of my intention to resign from my position, okay with my employment contract. My last working day will be (date) “. The date should not be before the expiration of your minimum notice period in your contract, but it can be longer. If you know that you are going to emigrate within three months but are only required to give one month’s notice, you do not have to wait until one month before your departure to inform your employer. In such a situation, it is courteous to give your employer more notice so they have more time to find a replacement before you leave.
Resignation with immediate effect
In some circumstances, if you verbally resign and immediately withdraw, the company may accept your resignation despite your failure to comply with legal requirements. In this case, they will write acknowledging your resignation and agreeing to immediately release you from your contractual obligations. They will do this if it is in their best interest to end your employment relationship quickly, and it probably means that they are as fed up with you as you are with them!
However, if your manager acknowledges that you quit “in the heat of the moment” and is smart, it will give you a day or two to calm down and think better of it. It is NEVER a good idea to give up in a fit of anger or frustration, and it often happens that such an outburst is quickly followed by a retraction. Once you’ve had a chance to think it over carefully, you’ll realize that it was actually not a good idea to throw away your livelihood in a fit of resentment. However, the risk remains that your company will take you at your word and accept your resignation, leaving you without a job …
Pressure to quit
Sometimes you may feel pressured to quit for any reason, for example when you are warned that you are about to take disciplinary action. You may be concerned that being invited to a disciplinary meeting means that you are going to be fired right there and that you would rather jump than push you. Nobody wants their employment history to be affected by a layoff. But again, I urge you NOT to quit just because you face disciplinary action.
For starters, a disciplinary meeting doesn’t necessarily mean you’ll be fired, so don’t jump to conclusions about the outcome. You have the right to be accompanied to a disciplinary meeting and, most importantly, you will have the opportunity to present your case. You may be able to persuade the company that you have done nothing wrong or explain extenuating circumstances. The result can be a disciplinary sanction up to and including termination. And if you are fired after a disciplinary meeting, you still have the right to appeal, so the decision to fire you can be reversed. During the process, you will have the opportunity to receive some professional advice to help you defend yourself, and it will buy valuable time to plan ahead in case the worst happens.
If you resign instead of facing the disciplinary meeting, you will have been cornered in a corner from which your chances of a good result are significantly reduced.
If your employer says, “We invited you to a disciplinary meeting, but you may want to resign,” then you have the right to resign and claim constructive termination. But again, think very carefully before giving in to that kind of pressure. If you quit, when you go to claim Jobseeker’s Allowance, you may be deemed to have been intentionally unemployed and may not be able to get benefits right away. How long can you pay the bills without income? Yes, you can go to Labor Court and get compensation, but it will usually be several months before your case is heard, and what will you do for the money in the meantime? How quickly do you think you can get another job in these tough economic times?
So if you don’t have another job to go to, or enough savings to help you out for a good few months, you should think carefully before leaving your job. As with marriage, if you give up in a hurry, you may end up regretting it at ease.