In the area of employment, the question arises on what happens when an employee decides to resign from his job without prior notice, and there are also concerns on whether there is a rule that establishes a minimum period of time for notifying the boss about said resignation.
The truth is that the Federal Labor Law (LFT) does not provide for a mandatory period for notification, but it is important to understand the implications that resigning with one day’s notice can entail, both for the person leaving the job and for the employing company.
“When a worker decides to resign, whether verbally or in writing, for personal or professional reasons or a combination of both, nobody can forbid them from doing so”, specifies Alejandra Massud, partner at the GLZ Abogados Law Firm and specialist in Labor Law.
While the law does not require a specific prior notice to the employer, resigning without prior notice can create a negative perception and damage the professional image of the employee. The lack of advance notice can be interpreted by the employer as lack of responsibility and commitment toward the company and co-workers. This bad image can be an obstacle in future employment opportunities, given that some recruiters still call for recommendations from previous employers.
Additionally, in order to avoid legal problems, Massud recommends that the resignation be made in writing as a record of the worker’s will to end the employment relationship.
The resignation letter can be presented directly to the employer, the direct supervisor, the legal representative or the company’s human resources department. Thus, legal contingencies are avoided, and a proper record of the labor termination is established.
If you resign without notice, at least submit your resignation in writing.
Óscar de la Vega Castillo, founding partner of the D&MAbogados Firm, points out that when a worker resigns, he has the right to receive a severance payment that includes the proportional payment of vacations, the vacation bonus, the year-end bonus and any other extra benefits that he had the right to. The company has the responsibility of covering this severance payment as quickly as possible in order to avoid legal problems.
In the case of the worker, he explains, the main repercussion is the loss of employment and receiving a single payment corresponding to the severance payment. For another part, it means the loss of a member of the staff for the company and the need to search for a new person to cover the work conducted by the worker that leaves.
“A resignation is a unilateral statement of will by the worker to end the employment 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.
Therefore, even though there is no specific rule in regard to the minimum term for notifying a resignation, it is advisable to do so in writing in order to avoid legal problems and ensure compliance with the corresponding benefits. Both the worker and the company must be aware of the implications of this situation and act appropriately in order to protect their rights and avoid unnecessary disputes.
What are the legal repercussions of not providing a resignation in writing?
In the event that the worker does not sign the resignation and the employment termination is not properly formalized, Massud mentions three main adverse effects:
Lack of payment of the benefits provided by law: If the worker fails to formalize the employment termination, the company cannot comply with the payment of the benefits provided by law.
Remedy before labor agencies: In this scenario, it is the worker’s responsibility to go to the labor authorities to request the payment of the benefits that correspond to him as severance payment.
Risk for the company: The absence of the expression of will by the worker represents a risk for the company, as it can lead to lawsuits by the workers, claiming the payment of compensations or reinstatement in their employment.
Beyond avoiding legal repercussions, resigning in a proper and timely manner is a way of leaving “the doors open”, which can have significant benefits in the long run. Maintaining a positive bond with former colleagues and employers can open the doors to new employment opportunities, such as references for future jobs or even the possibility of returning to the company at a later time.