Avoid Having to Give a Notice

You leave your company and do not want to give your notice.

If you do not give your notice, you are exposed to various dangers:

* If your employer has not given you his consent:

- you are subject to a redundancy procedure.

- if it is done, you may lose your rights to all or part of your benefits.

* If your employer has waived your notice:

- you will only be eligible for unemployment benefits on the normal date of contract termination.

- take the example of a notice from June 15 to July 15. If your employer waives you, you will stop working on June 15 but will only be able to claim your benefits until July 15th.

Good to know: if the waiver of notice comes from the employer, he must pay the employee the equivalent of the wage he would have received if he had done so.

If you really do not want to give your notice, but your employer is barring, here are the solutions.

Solution 1: Request a shortening of notice

* You can negotiate with your employer to shorten the notice period.

* He will probably accept if he wants you to leave the company as soon as possible or if, for example, he owes you money for overtime.

* In this case, the employer is not required to pay a compensatory allowance, even to the extent of the unfulfilled notice.

Solution 2: Take your paid vacation

* The employee, with the agreement of the employer, may take his leave during the period of notice.

* This solution is only possible if you have some leave to ask.

Attention: neither party can impose it. The employee has the right to prefer to be paid his leave and the employer has the right to want an employee to the end.

* If no agreement is found, you can still take your leave but this will only shift the end date of the notice.

Solution 3: You are on sickness leave

* The sickness leave of convenience is a prohibited practice.

* If you are really sick, you can however be stopped by your doctor.

* The end date of your notice will then remain unchanged.

* You can claim compensation in lieu of notice, after deducting daily allowances from the social security (excluding contrary treaty provisions).