Resigning, is it necessary to give notice in advance? And if we want to resign, is it necessary to wait up to 30 days? These are matters that many working people have asked about, such as:
When I get a new job, the new place requires me to start work as soon as possible. If this is the case, can I resign and leave immediately?
If we want to resign, after submitting the resignation letter, why do we have to wait 30 days?
If I want to resign, just tell my boss verbally. Is that considered as resignation?
If we resign and do not work for 30 days, can the company deduct money from us or take the opportunity not to pay us for the work we have already done?
If we leave before the 30 days are up, will we be legally liable because the company is threatening to sue us for damages?
Or does the company or employer have the right to prevent or not approve our resignation?
These questions are questions that are asked quite often, which of course come from curiosity and mixed with misunderstanding. Including being threatened by the employer or the company or using the law as an excuse, it makes us misunderstand even more.
So in this article, let’s understand the correct way to resign.
Resigning, is it necessary to give at least 30 days notice? Is it true?
In this case, whether we get a new job or we want to resign for whatever reason, in reality, if referring to the labor law, they do not specify how much notice an employee must give before resigning. For example:
For regular employees
Refers to a permanent employee’s employment contract that does not specify how long the employee must work. Therefore, both the employee and the employer can cancel the contract at their discretion. And if our contract is like this, we can resign whenever we want.
If we submit the resignation letter this Friday, we don’t have to come to work next Monday. If we really do this, the employer or the company cannot take legal action against us, unless we have caused damage to the employer, which may be due to intention or gross negligence (referring to the Labor Law, Section 76).
However, this type of resignation is not good for us at all because it shows a lack of professionalism, irresponsibility, and may create or leave a burden for others. The reason why employers or companies want to give 30 days notice is because they need enough time for employees who are about to resign to clear up pending work, have enough time to hand over work to others, and have enough time to find a replacement employee.
As for the length of time to stay before leaving, employees can make an agreement with their supervisors, which may not necessarily be 30 days, if they can finish and clear up their work completely.
Therefore, if you really want to quit, please understand the employer or company’s perspective. Please resign professionally, do not leave any problems and do not create any enemies. It will be better because in the future, we may have to meet again.
For temporary employees
Refers to an employee’s employment contract that clearly specifies the working period, such as a 6-month employment contract, a 1-year employment contract, etc. If we work until the specified period is reached, then we can stop working because the contract is considered expired. The employer cannot hold us liable.
But if we resign before the contract ends, we may have to pay damages to the employer or the contracting company, which depends on the terms and conditions that we have entered into a contract with. In this case, we must carefully review the contract before resigning because there will be damages and expenses resulting from resigning before the contract ends.
Does the company or employer have the right to prevent or not approve our resignation?
First of all, we need to understand the correct way to resign. That is, it must be a letter expressing the intention to resign in writing, or now it can be an email. The reason for resignation can be stated or not stated in the letter. Therefore, stating it verbally is not enough.
As for the resignation letter, who should I send it to? A good rule of thumb is to inform and send it directly to your boss first. Then, you can send a copy to HR. In the case of email, you can send the resignation letter to your boss and CC HR as well.
In the case that we have submitted a resignation letter, according to the law, it is considered that we have done the right thing and it is effective immediately. The employer or company will not be able to reject our resignation. And if we have submitted a written resignation letter, we can not come to work on the resignation date without having to wait for approval. The employer or company also has no right to force us not to resign.
In short, we can resign without waiting for approval from our employer.
If we resign but want to go straight away or do not work for 30 days, does the employer have the right to not pay the wages we have already worked?
In this case, if the employer does not pay the wages or salary for the work the employee has already done, it is considered an offense and against the law because the employer cannot deduct wages in this regard.
According to the Labor Law, Section 76 states that employers are prohibited from deducting wages, overtime pay, holiday pay, and overtime pay on holidays, except for deductions for
- Pay income tax in the amount that employees must pay or make other payments as prescribed by law.
- Pay union dues in accordance with union regulations.
- Pay off debts of savings cooperatives or other cooperatives of the same nature as savings cooperatives or debts that are for the welfare of employees only, with prior consent from employees.
- It is a security deposit under Section 10 or compensation for damages to the employer which the employee has intentionally or grossly negligently committed, with the employee’s consent.
- It is a savings fund according to the agreement on the savings fund.
The deductions under (2), (3), (4) and (5) in each case shall not exceed ten percent and the total deductions shall not exceed one-fifth of the money the employee is entitled to receive according to the payment schedule under Section 70, unless with the employee’s consent.
In short, we can resign even if we do not stay for 30 days. The employer does not have the right to deduct the wages that we have already worked.
I’m in my probation period. Can I resign?
In this case, if you have just started working and are in the probationary period, you can still resign, but you must do it correctly, such as notifying your resignation in writing, not resigning immediately, and having time to finish your work or other things before leaving, etc.
Conclusion
At this point, you should know whether you need to give notice in advance when resigning. If you want to resign, do you need to wait 30 days?
If anyone is treated unfairly by their employer, they can contact the Labor Hotline 1546 for advice or have a labor officer help mediate first. However, if the employer still does not do the right thing, the labor officer will forward the case to the Labor Welfare Committee for consideration in the next step.
The matter of labor law is important. If we do not want to be taken advantage of or do wrong without knowing or understanding, we must study the terms and conditions carefully. Otherwise, we may become the ones who lose benefits and may break the law.
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