Although the law does not require specific prior notice to the employer, resigning without prior notice can create a negative perception and damage the professional image of the employee. The lack of advance notice can be interpreted as a lack of responsibility and commitment towards the company and co-workers. This poor image can hinder future employment opportunities, as some recruiters still often ask for recommendations from previous employers.
In addition, to avoid legal problems, Massud recommends that the resignation be made in writing to record the worker’s will to end the employment relationship.
The resignation letter can be presented directly to the employer, the direct boss, the legal representative or the human resources department of the company. In this way, any legal contingency is avoided and an adequate record of termination of employment is established.
If you resign without notice, at least submit your resignation in writing
Óscar de la Vega Castillo, founding partner of the D&MAbogados firm, points out that when a worker resigns, they have the right to receive a settlement that includes the proportional payment of vacations, vacation premium, Christmas bonus and any other extra-legal benefit to which they were entitled. It is the responsibility of the company to settle this settlement as soon as possible to avoid legal problems.
For the worker, he explains, the main repercussion is the loss of employment and the receipt of a single payment corresponding to the settlement. On the other hand, for the company it implies the loss of labor and the need to look for new staff to cover the functions of the worker who leaves.
“A resignation is a unilateral declaration of will by the worker to terminate the employment relationship with the employer. In the event of a labor trial, the resignation is evaluated along with the rest of the evidence and arguments presented to determine its validity ”, he refers.
So, although there is no specific rule on the minimum term to notify a resignation, it is advisable to do so in writing to avoid legal problems and ensure compliance with the corresponding benefits. Both the worker and the company must be aware of the implications of this situation and act appropriately to protect their rights and avoid unnecessary conflicts.
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What legal repercussions does not deliver the resignation in writing?
In the event that the worker does not sign the resignation and the termination of employment is not properly formalized, Massud mentions three main effects:
Non-payment of legal benefits: If the worker does not formalize the termination of employment, the company may not comply with the payment of legal benefits.
Appeal to labor instances: In this scenario, it is the responsibility of the worker to go to the labor authorities to request the payment of the benefits that correspond to him as a settlement.
Risk for the company: The lack of expression of will by the worker represents a risk for the company, since it can give rise to lawsuits by the worker, claiming the payment of compensation or reinstatement in employment.
Beyond avoiding legal repercussions, resigning in a timely manner is one way to leave “the doors open,” which can have significant long-term benefits. Maintaining a positive connection with former colleagues and employers can open doors to new job opportunities, such as referrals for future employment or even the possibility of returning to the company at a later time.
