© - ATH all rights reserved - Edition 2024 72 EMPLOYER’S GUIDE 2024 RESIGNATION Termination at the initiative of the employee. This does not have to be in any specific form but must express a genuine and unequivocal intention on the part of the employee. Otherwise, it could be re-classed as dismissal. In practice, it is consequently recommended to ask the employee to confirm his/her resignation in writing. Resignation does not have to be accepted or refused by the employer. The date of resignation marks the starting point of the notice period. Ask us : an employee is now presumed to have resigned in the event of voluntary abandonment of his/her job and if he/she does not return to work after formal notice issued by the employer asking him/her to justify his/her absence and return to his/her job within a minimum time frame. DISMISSAL This is initiated by the employer and must be based on real and justified reasons. It may include : • Dismissal for personal reasons based on a cause relating to the employee, whether or not this is wrongful, • Lay-off for reasons not inherent in employee but justified by the company’s position. Lay-offs can be individual or collective. Whatever the reason for dismissal or layoff, the employer must follow a strict procedure, including : inviting the employee to a preliminary meeting and an interview and the delivery of a legal letter. The date of delivery of the registered letter notifying termination of employment marks the start of the notice period. The employer can decide to release the employee from all or part of his/her notice. But it must then maintain the salary the employee would have received if he/she had worked during this period. After such termination, the employee will receive the severance pay stipulated by the applicable legislation or collective agreement if it is more favourable. Subject to a minimum length of services of 8 months, the statutory severance pay is equal to a minimum of a 1/4 of a month’s salary per year of service for the first 10 years and a 1/3 of a month’s of salary per year of service after that. In the event of a dispute, a settlement agreement may be signed. Unjustified grounds for termination may result in payment of significant damages, noting that the grounds can now be indicated after the notice of dismissal. N.B. : some employees have special protection from dismissal. 35 What you need to know : There are various conditions under which an employment contract can be terminated, either by the employee or by the employer. Each mode of termination is subject to specific rules. TERMINATION OF PERMANENT EMPLOYMENT CONTRACT
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