The notice of resignation on a permanent contract, particularly in the construction sector, is a subject of capital importance for employees and employers. Understanding the rules surrounding it is essential to effectively managing the termination of an employment contract. In the context of a company with more than 10 employees, the legal obligations regarding notice vary depending on seniority. Workers must be particularly attentive to these rules in order to guarantee a completely legal departure and to avoid possible disputes.
As an employer or employee, it is crucial to navigate these obligations with caution. This article sheds light on the different durations and specificities of notice, as well as on special cases. Whether you are a business manager or employee, this information will help you prepare as best as possible for a possible departure.
The duration of the resignation notice for a permanent contract in construction
The duration of the resignation notice is governed by the national collective agreement (CCN) for the construction sector. For workers, notice periods vary depending on seniority in the company.
Notice based on seniority
For a worker resigning between the end of their trial period and their first 3 months of seniority, the notice period is 2 days. If the resignation occurs after 3 months of seniority, the notice period extends to 2 weeks. These deadlines must be respected because early departure may result in financial consequences for the employee, including the payment of an amount corresponding to the salary for the period of notice not served.
Details specific to companies with fewer than 10 employees
In construction structures with fewer than 10 employees, the regulations relating to notice may be more flexible. The duration is generally 2 days for an employee whose resignation occurs after the trial period but before 6 months of seniority. After 6 months, the notice period can be reduced to one week. These variations in duration between small and large companies must be taken into account when resigning.
Exceptions to notice of resignation
In certain situations, the notice can be modified or even deleted. It is crucial for employees and employers to be aware of these exceptions to better manage departures.
Exemption from notice by the employer
The employer has the power to exempt an employee from serving their notice period. In this case, he must pay compensatory compensation equivalent to the amount of salary for the notice period not worked. This practice is often used to ease the transition or when special circumstances warrant it.
Request for exemption by the employee
An employee can also request to be exempted from their notice period. If the employer accepts this request, no compensation will be due. It is advisable to establish a written agreement to avoid any ambiguity.
Taking paid leave during the notice period
The issue of paid leave during notice is another aspect to consider. An employee can take paid leave during their notice period, but this must be done with the agreement of the employer. In the case of an annual closure of the company, the notice period continues normally and is therefore not extended.
Special cases
Certain specific cases also allow an exception to the notice period. For example, a pregnant employee can resign without notice. In addition, an employee who resigns to raise his child is entitled to an exemption from notice if he notifies his employer at least 15 days in advance. This type of situation is often integrated into collective agreements.
Conditions for resigning on a permanent contract
The manner in which an employee submits their resignation can have a significant impact on future relations with the employer. However, the resignation can be done orally; it is strongly recommended to opt for a written format to avoid any misunderstanding.
resignation letter template
To make the process easier, it is a good idea to use a resignation letter template. It is advisable to send a registered letter with acknowledgment of receipt in order to retain proof of sending. Here is an example:
Company Name
Date
Madam/Sir,
[intitulé du poste]I hereby inform you of my decision to resign from my position within , in accordance with the provisions of the national construction collective agreement.[nom de l’entreprise]
[date de début du préavis]In accordance with current regulations, my notice period will take effect from and end on .[date de fin du préavis]
I remain at your disposal to organize the transmission of my files and ensure a smooth transition. I thank you for the opportunity to have worked within your company and please accept, Madam/Sir, the expression of my distinguished greetings.
Alternatives to resignation
For an employee under a permanent contract, resignation is not the only possible exit route. An interesting option is the conventional termination, which offers various advantages for both the employer and the employee.
The advantages of conventional termination
Conventional termination does not require mandatory notice, allows you to receive termination compensation comparable to that of dismissal, and offers the possibility of benefiting from unemployment benefits. To implement a conventional termination, a mutual agreement between the employer and the employee is necessary. This process involves a prior interview and a validation process by the Labor Department. Good preparation before such a procedure is essential to optimize the result.
Frequently asked questions about the resignation notice for permanent construction workers
This section addresses frequently asked questions regarding notice of resignation:
- Does a construction worker have to serve notice in the event of resignation? Yes, the notice period depends on the seniority and size of the company.
- Is the notice period the same for all construction trades? No, it may vary depending on specific collective agreements.
- Can my employer require that I serve my notice period on a remote site? No, unless otherwise provided in the contract or collective agreement.
- Can I obtain an exemption from notice for retraining? This depends on the agreement of the employer.
- What happens if a project ends before the end of my notice period? The employer must provide you with work until the end of the notice period.
- Can paid leave be taken during the notice period? Yes, with the agreement of the employer.
- Does an apprentice have to serve notice? The rules may vary depending on collective agreements.
- Does a temporary worker have notice in the event of termination of assignment? Temporary employment contracts follow specific rules.
- Does a resignation in the construction industry entitle you to unemployment? No, except in the case of legitimate resignation.
- How to avoid disputes with your employer? It is advisable to formalize your resignation in writing.
