In general, voluntary resignation must be communicated at least 15 calendar days in advance, unless a different period is specified in the collective agreement. Giving notice is mandatory when an employee decides to resign and wants to end the contract in accordance with the agreed terms.
What counts as a voluntary resignation?
A resignation is considered voluntary when an employee decides, on their own initiative, to end their employment relationship with the company. It is not necessary to provide reasons, but it is mandatory to communicate the decision clearly and in advance.
This process should be carried out formally (preferably in writing) and with a notice period, so the company can reorganize the team and correctly calculate the final settlement.
We are attaching 4 voluntary resignation notice letters.
What happens if you don’t give notice?
If the employee does not give prior notice:
- The company may deduct the days not given as notice from the final settlement.
- They do not lose the right to their salary or final settlement, but it may be reduced.
- Important: voluntary resignation does not entitle the employee to severance pay, as it is not a decision made by the employer.
If you want to learn more about what you’re entitled to, visit this article on final pay after voluntary resignation.
What is the correct way to give notice?
Although there is no mandatory format, it is highly recommended to submit a written resignation letter, indicating:
- Employee’s name
- An expression of the decision to resign
- Last working day
- Employee’s and employer’s signatures
What is the difference between a voluntary resignation and termination due to employer breach?
It is essential not to confuse an employee’s voluntary resignation with cases where the employee requests contract termination due to the employer’s breach of obligations.
According to Article 50 of the Workers’ Statute, the employee may request the termination of their contract with the right to severance pay if any of the following situations, among others, occur:
- Substantial modifications to working conditions that harm the employee’s dignity.
- Repeated delays or non-payment of wages.
- Serious breaches of contract by the employer.
In these cases, the employment relationship is terminated by a court decision, and the employee may receive compensation equivalent to that of an unfair dismissal.
Giving notice of voluntary resignation is a legal obligation that protects both the company and the employee. Unless you are in a probationary period, the proper procedure is to give at least 15 calendar days’ notice and to provide written confirmation.
If your departure is due to a serious breach by the employer, you can invoke Article 50 of the Workers’ Statute and request the termination of your contract with the right to severance pay
At Vázquez and Manchón, we can help you assess your situation, draft your notice properly, or pursue contract termination if the legal conditions are met. Our team of labor law experts is here to support you every step of the way.
