If the contract is silent, the minimum legal period of termination, if you work a month or more, is one week. You can communicate orally or preferably in writing (an email would suffice). The objective is to put an end to any subsequent dispute over whether a communication has actually been made. Remember that the minimum periods mentioned above are precisely that – a “minimum.” If your employment contract provides for a minimum of more notice, you should be entitled to this notification within the highest time frame. As a general rule, the employment contract determines the notice period you must give if you wish to leave your job. This can be changed by mutual agreement. Your notice begins the day after you resign. This means that if you resign on Monday one week in advance, your last day of work will be the following Monday. You can communicate more than your contract says if you wish – your employer can`t let you leave sooner. If they leave you early, it is a dismissal.
You should see if you can apply for unfair dismissal. The employer must pay unpaid leave pay, usually at the end of the notice period. The employer must also pay leave and December supplements based on working time and the percentage of work during the year. This usually occurs at the same time as other salaries or at the time bonuses are normally paid – but can vary between collective agreements. a) Don`t want to wait long for their new collaborator to start (in three months a lot can change!) after having already made so much effort to find the job, interview it and offer it. b) not wanting to receive a ransom and having to pay much more on wages than they had originally proposed. You can also be sued by your employer for the additional costs resulting from your offence. This may be the case, for example. B, if your employer is responsible for a higher replacement fee for the balance of your notice. In the most serious cases, a right to a loss of business or sales as a result of your offence could be invoked. Here too, such claims are very rare and are likely to rehabilitate only against the leaders.
If you want to leave without full notice, you are in violation of the contract, unless you have the consent of your employer. However, there are limits to what your employer can do about it. They cannot be forced to work legally. If you violate your garden holiday clause, z.B by working for a competitor during the gardening holiday period, your employer may decide to seek an injunction to prevent you from working.