In the area of labor, the question arises about what happens when a worker decides to resign from his job without prior notice and, additionally, there is also uneasiness about whether there is a rule that establishes a minimum period of time for notifying the boss about the resignation.
The truth is that the Federal Labor Law (LFT) does not impose a mandatory notice term, but it is important to understand the implications of resigning from one day to the next, both for the person leaving the job and for the employing company.
“When the worker decides to resign, whether verbally or in writing, for personal or professional motives, or for a combination of both, nobody can prevent him from doing so”, says Alejandra Massud, partner at the GLZ Abogados Law Firm and a specialist in labor law.
While the law does not demand a specific period for providing notice to the employer, resigning without prior notice can generate a negative perception and damage the employee’s professional image. The lack of prior notice can be interpreted as a lack of responsibility and commitment toward the company and coworkers. This negative image can complicate future employment opportunities, as some recruiters still ask for recommendations from prior employers.
Additionally, in order to avoid legal problems, Massud recommends that the resignation be made in writing in order to provide proof of the worker’s intention of putting an end to the labor relationship.
The resignation letter can be presented directly to the employer, the direct boss, the legal representative or the company’s human resources department. Thus, any legal contingency is avoided, and a proper record of the employment termination is established,
If you resign without prior notice, at least hand in your resignation in writing
Óscar de la Vega Castillo, Founding Partner of the D&MAbogados Law Firm, points out that when a worker resigns, he has the right to receive an end-of-employment payment that includes the proportional payment of vacations, the vacation bonus, the year-end bonus and any other extralegal benefits that he has the right to.
The company is responsible for making this end-of-employment payment as soon as possible in order to avoid legal problems.
For the worker, he explains, the main repercussion is the loss of employment and the receipt of a single payment corresponding to the end-of-employment payment.
On the other hand, in the case of the company it entails the loss of a worker and the need to find new personnel to cover the responsibilities of the worker that is leaving.
“Resignation is a unilateral statement of will by the worker to end the labor relationship with the employer. In the event of a labor trial, the resignation is evaluated along with the rest of the evidence and arguments presented to determine its validity”, he says.
Thus, even though there is no specific rule in regard to the minimum period for notifying a resignation, it is advisable to do it in writing in order to avoid legal problems and ensuring compliance with the corresponding benefits. Both the worker and the company must be aware of the implications that this situation entails and act appropriately to protect their rights and avoid unnecessary conflicts.
