Resignation under the Labour Law: acceptance and your rights

Under the Labour Law, a resignation is a worker's written wish to end a fixed-term contract. It counts as accepted if the employer does not reply within 30 days; it may postpone acceptance by up to 60 days with a written, reasoned explanation. You keep all your rights, including the Article 85 end-of-service benefit, settled within two weeks at most.

Steps

1. Write the resignation yourself, without pressure and without any condition attached, give it to your employer and keep proof of the date you submitted it. Under Article 2 of the Labour Law, a resignation in this sense applies to a fixed-term contract.
2. Do not set a later date in the resignation request: Article 79 bis of the Labour Law says this is not valid.
3. If 30 days pass after you submit the request with no reply from the employer, the resignation is treated as accepted. The employer may postpone acceptance by no more than 60 days if the work requires it, with a written, reasoned explanation given to you before the 30 days end; the postponement counts from the day you receive the explanation.
4. To withdraw a resignation: you may withdraw it within 7 days of submitting it, unless the employer has accepted it before you withdraw.
5. While the resignation request is pending, the employment contract stays in force and both parties must carry out all their obligations under it.
6. The contract ends by resignation on the date the employer accepts it, when 30 days pass with no reply, or when the postponement period ends.
7. If your contract has no fixed term: give the employer written notice at least 30 days before the end date, based on a legitimate reason, whether or not your wage is paid monthly (Article 75 of the Labour Law).
8. If you do not respect the notice period on a contract with no fixed term, you must pay the employer an amount equal to your wage for that notice period, unless the parties agreed on more (Article 76).
9. End-of-service benefit on resignation under Article 85: one third of the benefit after continuous service of at least two and no more than 5 years, two thirds if continuous service is more than 5 years and less than 10, and the full benefit at 10 years or more. How to calculate it is on the Dalni page “End-of-service benefit”.
10. You receive the full benefit if you leave work because of force majeure beyond your control. A female worker receives the full benefit if she ends the contract within 6 months of her marriage contract or within 3 months of giving birth (Article 87).
11. If the worker ended the contract, the employer must settle all the worker's dues within no more than two weeks, and may deduct any debt owed to the employer because of the work (Article 88).
12. If your dues are not paid or you disagree with the employer about the contract ending, file an amicable settlement request with the Ministry of Human Resources and Social Development (steps on the Dalni page “Amicable settlement”). The Ministry's number is 19911, Sunday to Thursday, 8 am to 5 pm. If you are leaving because the employer broke its obligations, read “Article 81 of the Labour Law”.