Resignation of an employee
Verified 08 July 2026 - Public Service / (Prime Minister)
Resignation is a way of breaking the CDI: titleContent at the initiative of the employee who is demonstrating clearly the willingness to break his contract. The possibility to resign depends on the type of employment contract of the employee: CDI, CDD: titleContent, temporary work (temporary), apprenticeship contract. We're taking a look at the regulations.
CDI
Resignation is a way of rupture of the employment contract to the employee initiative. It allows him to leave his job. The employee must demonstrate clearly and in no equivocal the willingness to break his employment contract. The resignation is not valid when it is made under duress, for example.
The employee has not the obligation specify the pattern for which he resigns.
In case of doubt about the clear and unequivocal will, the labor court council may reclassify resignation as wrongful dismissal (or without real and serious cause).
FYI
In certain conditions, the employer may consider abandonment of post like a resignation.
There's no not of legal procedure imposed for notify a resignation.
The employee can inform his employer or supervisor orally or in writing by sending him a letter of resignation.
To avoid everything litigation, however, it is preferable to do so by written (letter RAR: titleContent or hand-delivered against discharge, for example).
The employer cannot not refuse resignation. It's a right of the employee. The resignation can therefore be carried out at any time, including whether the employment contract is suspended (e.g. sickness, paternity and childcare leave, full or partial parental leave).
When the resignation is clear and no equivocal, it becomes definitive. The employee resigns can't retract. He can retract only if the employer accepted this retraction.
FYI
Some collective agreements compel sending of a letter of resignation. The non-compliance with this formality is however not sufficient to call into question decision of the employee.
A simulator allows you to search for the collective agreement with the company's name or Siret number:
A template resignation letter is available:
As a rule, the employee right perform a advance notice. It can be dispensed by his employer at his request or at the request of the employer. In some situations, there is no notice to be carried out.
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The employee makes his notice
The employee who resigns must respect advance notice. He can't leave the company immediately.
Notice, where provided, shall always be carried out. The employment contract continues to run normally to its end.
Please note
If the employee disrespect On notice, the employer is not required to pay the compensation and may claim payment before the labor court council.
The employee is exempted from making his notice
The employee may be exempted from notice:
- À his request and after acceptance of the employer (a written copy is however recommended). In this case, the compensation for notice is not due.
- Or the only one employer's initiative. However, it must pour the compensation for notice.
Cases in which there is no notice
In some situations, there is no notice to be carried out:
- Pregnancy condition medically observed. The employee may terminate employment contract without notice and without duty of severance pay.
- For raising your child at the end of maternity or adoption leave, the employee may terminate employment contract without notice, nor any duty to pay severance pay. He must inform at least his employer 15 days in advance before the end of maternity or adoption leave, or 2 months after the birth or arrival at home of the child.
- Journalist who resigns if there is a change notable in the log character or orientation or the periodical for which he works. This change must create a situation for the journalist that is likely to cause attack on his honor, to its reputation or, in general, to its moral interests.
FYI
Some collective agreements provide that the employee shall be released from his notice when he has found another job.
A simulator allows you to search for the collective agreement with the company's name or Siret number:
The duration of the notice is different according to the profession, seniority or the workplace of the employee:
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General scenario
The law does not fix not the length of the notice of resignation.
Most often, the length of notice is set by the convention orcollective agreement applicable in the company.
A simulator is used to calculate the length of notice that the employee must respect in the event of resignation:
Calculate the length of notice of resignation according to the collective agreement
The employment contract may fix the length of the notice of resignation.
In the absence of convention orcollective agreement or precision in the employment contract, these are the uses practiced in the applicable locality or profession.
Example :
An employee resigns and there is no applicable collective agreement in his company. His employment contract doesn't say anything either. However, in his company, the employees who resigned before him all respected a 1 month notice for the job held by the employee. He can use this notice period to resign.
Of a by mutual agreement only, the employee and the employer may agree to lengthen the length of notice.
VRP
The VRP: titleContent right respect advance notice. He doesn't can't be inferior à :
- 1 month during the 1er year of presence in the company
- 2 months during the 2nde year
- 3 months beyond.
Journalist
The professional journalist must respect a notice. It is of a duration of:
- 1 month for seniority less than or equal to 3 years
- 2 months for seniority superior à 3 years.
Childminder and home worker
Provisions particular apply to the childminder and at employee of the individual employer.
The employment contract is carried out in the departments of Moselle, Bas-Rhin or Haut-Rhin
The employee who carries out his employment contract in the departments of the Moselle, of Bas-Rhin or the Haut-Rhin shall be subject to a period of notice fixed at:
- 6 weeks. This period shall apply to commercial clerks, professors, persons employed by private individuals, managers, technicians and supervisors. Employees who have a remuneration fixed by quarter (or longer period) are also concerned.
- 15 days where his remuneration is fixed by month
- 1 week where his remuneration is fixed by week
- 1 day where his remuneration is fixed by day.
FYI
Unless specified contrary, the period of notice shall be calculated as date to date, without taking into account the number of days of the month.
The starting point notice is the date of notification to the employer of the resignation, that is to say, the moment when it becomes aware of it. It depends on the means used to resign.
The starting point of the notice differs according to the method of information chosen by the employee to inform his employer of his resignation:
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Notification by registered letter with
If notified by letter RAR: titleContent , the notice shall begin on the date of 1re presentation of the letter by the Post Office.
Example :
An employee sends a letter of resignation in RAR: titleContent the July 6, 2026. The letter is submitted by mail to the employer on July 8 and he withdraws it on July 10. The collective agreement provides for notice of1 month.
The starting point for his notice of resignation is therefore at July 8. Notice shall be given from July 8 to August 7, 2026 included.
Notification by hand delivery against discharge
Where the resignation is effected by a discount in person against discharge, it's the day hand-delivery which fixed the starting point of the notice.
Example :
An employee resigns on July 7, 2026 by delivering a letter against discharge to his employer. He must by his collective agreement respect a notice of 1 month. His notice therefore runs from July 7 at August 6, 2026 included.
Verbal notification
When the employee resigns verbally, it's the day of verbal announcement to the employer who fixed the starting point of the notice. For avoid litigation, it is preferable to express it by letter RAR: titleContent or hand-delivered counter-discharge.
The employee may defer the starting point of the notice. In that case, he will have to clarify in his resignation letter.
Example :
An employee wishes to be available on 1er September 2026. Its collective agreement provides for notice of1 month. He can resign on July 15, 2025 by delivering a letter against discharge to smy employer. He must indicate in his letter that the notice will begin on August 1, 2026.
FYI
Some collective agreements may provide for a different starting point for the notice.
A simulator allows you to search for the collective agreement with the company's name or Siret number:
Notice of resignation can be suspended and deferred.
This is particularly the case at the following events:
- Agreement between the parties
- Taking paid leave
- Accident at work or occupational disease
- Deferral under a collective agreement.
Agreement of the Parties
The employer and the employee may be suitable by mutual agreement that the notice shall be suspended. For avoid litigation, it is preferable to formalize it by written.
Paid leave
When the resignation is notified to the employer during a period of paid leave, the notice is postponed and begins at the end of paid leave.
Paid leave during the notice period is possible if it was normally scheduled before the notice of resignation. In this case, the notice is suspended the length of paid leave.
Example :
An employee on paid leave from 3 at August 24, 2026 resigns by sending a registered letter to his employer on August 6. The letter RAR: titleContent is presented by mail to the company on August 9. Its collective agreement provides for a notice period of 1 month, the employee does so from August 25 at September 24, 2026.
Once the resignation is notified to the employer, the employer may not not impose to the employee who resigns to take his paid leave during the notice period.
Paid leave can still be taken by agreement parts. In this case, the notice is not suspended.
Please note
The closure of the company for annual leave shall not suspend notfor the duration of this closure, the notice of the resigning employee.
Accident at work or occupational disease
When a accident at work or occupational disease occurs during the notice period, which is suspended.
Example :
An employee resigns by hand-delivered letter against the discharge July 6, 2026. Its notice of 1 month is normally carried out from July 6 at August 5, 2026. However, he was the victim of an accident at work on 21 July which ends on August 13, 2026. His notice remaining to be made of the short August 14 at August 31, 2026 included.
Treaty provisions
Some collective agreements may provide for the suspension of notice.
A simulator allows you to search for the collective agreement with the company's name or Siret number:
The law does not provide for not hours for job search during the notice period.
The employee right get the agreement the employer to take time off to seek employment during the notice period.
Please note
Some collective agreements or company uses may provide for periods of absence to seek employment (paid or unpaid) for employees who resign.
A simulator is used to search for the collective agreement with the company's name or Siret number:
At the end of his notice of resignation, the employee does not receive no severance pay.
However, the employer must pay the following amounts to the employee at the end of the notice period:
- Remainder of salary until the last day worked
- Compensatory allowance for paid leave if the employee is left with days earned and not taken (for the BTP: titleContent, the employer shall provide the employee with a certificate justifying that the employee has leave entitlements to the leave with pay fund of the Public Works Agency)
- Premiums if they are linked to the employment contract
- Allowance for non-competition if the employer has not lifted any clause in the contract (which may provide for a monthly, partial or total payment at the end of the prohibition).
If the employee is dispensed by the single initiative of his employer to make his notice, he has right the payment of a compensation for notice.
If the employee request in writing to ne not perform notice, the employer can accept it. The employer is exempt from paying him compensation in lieu of notice.
The resignation does not give not straight to a compensation under unemployment insurance.
However, in some cases, resignation may be considered as legitimate by France Travail (formerly Job center).
During the legitimate resignation, the employee may claim the return to work (ARE) allowance under the usual conditions.
FYI
Except in legitimate cases, resignation does not allow to keep the complementary health (mutual) at the end of the employment contract.
At term of the notice of resignation, the employer must obligatory provide the employee with the following documents:
CDD
Resignation is a reserved mode of rupture only to the employee who is in CDI: titleContent.
The employee in CDD: titleContent can't resign.
The CDD can be broken from early, before its term, in certain situations which are only the following cases:
- Agreement between employer and employee
- Employee's request for proof of permanent contract (CDI). To avoid any difficulties, the employee can indicate in writing the termination of the contract and provide the proof of the planned hiring (promise of hiring or employment contract, for example).
- Fault severe
- Force majeure
- Unfit observed by the occupational physician.
Acting
Resignation is a reserved mode of rupture only to the employee who is in CDI: titleContent.
The employee in engagement contract can't resign.
The mission contract may be terminated early, before its term, in certain situations which are only the following cases:
- Hiring in CDI at a other employer
- Serious misconduct
- Case of force majeure.
Apprentice
Of special provisions apply to break the apprenticeship contract.
Calculate the length of notice of resignation according to the collective agreement
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