Resignation – how an employee resigns correctly

Short answer: An employee does not normally need to provide any specific reason for resigning. Check your employment contract and collective agreement, provide clear notice, and state your final day of employment. According to the Employment Protection Act (LAS), the minimum notice period is by default one month, but other terms may apply through agreements.

Does the resignation need to be in writing?

For an employee's own resignation, there is no general requirement for it to be in writing in the Employment Protection Act (LAS) in the same way as for an employer's dismissal, but a written notice is strongly recommended. It makes the date and the final day of employment clear for both parties.

Check the notice period

Start with your employment contract and collective agreement. The Employment Protection Act (LAS) specifies a minimum level, but agreements may contain longer notice periods. The notice period normally begins to run when the employer has received the resignation.

Indefinite and fixed-term employment differ

An indefinite employment can be terminated. A fixed-term employment, however, normally ends on the end date without prior notice, unless the parties have agreed on a right to terminate it early or special rules apply.

Duty to work during the notice period

The employment continues during the notice period. The employee should normally work as usual unless the parties agree on leave of absence, vacation, or another solution.

What should the resignation letter contain?

• employee's name
• employer
• a clear statement that the employment is being terminated
• date when the notice is provided
• expected final day of employment
• request for confirmation from the employer

Final salary and documents

Before the final day, the parties should reconcile salary, holiday pay, compensatory leave, expenses, bonuses according to the agreement, the return of equipment, and the certificate of employment.

Common mistakes

• wrong notice period is used
• resignation is given verbally and the date becomes disputed
• fixed-term employment is assumed to be terminable without basis
• employee leaves the workplace before the notice period ends without an agreement

See the Template Shop's template for employee resignation.

FAQ

Do I have to explain why I am leaving?

No, an employee does not normally need to justify their own resignation.

Can the employer refuse the resignation?

No, an indefinite employment can be terminated by the employee, but the notice period and other obligations apply during the period.

Can I leave earlier?

Yes, if the employer agrees to it. Please document the agreement on the new final day.

This article provides general information and does not replace legal advice in labor law.