Can an employee who resigns or is dismissed work for another employer before the end of the notice period?
Verified 22 April 2026 - Public Service / Directorate of Legal and Administrative Information (Prime Minister)
In the event of a dismissal or resignation, the employee must give notice. Notice is the period of time between notification the termination of the contract and the end date of the contract. What are the conditions for being able to work for a new employer? We're taking a look at the regulations.
The possibilities of going to work for another employer before the end of the notice period differ depending on whether the employer authorizes the employee not to make the notice period. We are then talking about waiver of notice.
With dispensation
The waiver of notice may be at the initiative of the employer, be provided for by a collective agreement or at the employee's request to his employer.
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Exemption at the initiative of the employer
The employer may waive the employee's notice without the employee's request. This is a request from the employer.
The employee receives a compensatory notice allowance for the period of notice not served.
The employee may take up a new job if he is not bound by a non-compete clause. If the employee's employment contract contains a non-compete clause, the employee cannot go to work for another employer. The employee then receives the compensatory notice allowance and the non-compete allowance.
Request for exemption by the employee
The employee can request a waiver of notice from his employer. If the employer gives its express agreementHowever, notice will not be given and will not be paid.
The employee can go to work elsewhere as soon as the employment contract is terminated.
But the employee can take up a new job only if the employee is not bound by a non-compete clause.
Exemption under the collective agreement
Some treaty provisions may provide for total or partial waivers of notice if the employee has found a job.
A simulator allows you to search for the collective agreement with the name of the company or its Siret number:
Without dispensation
When the employer refuses the employee's request for exemption or does not exempt the employee to realize his notice, the employee must realize the totality of his notice until the date of end of contract.
He cannot go to work for another employer.
If the employee decides to work elsewhere without giving notice, the employer can obtain compensation for notice by filing an application with the labor court council.
The employer may also collect damages and interest for breach of contract, provided that specific damage is demonstrated. The employer may also sue the new employer before the labor court.
FYI
If the employee is on paid leave during the notice period, he is prohibited from taking a new job.
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The informants who answer you belong to the ministry in charge of labor.
Exemption from notice of employee dismissed by employer
Damages in the event of an abusive breach
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