Resignation: termination at the employee’s initiative
In France, an employee under a permanent contract may terminate their employment contract on their own initiative, without justification. However, resignation involves following certain rules, particularly regarding notice periods.
In a nutshell
- Resignation is the termination of the employment contract at the employee’s initiative, with no requirement to provide a reason.
- It implies a clear and unequivocal intent on the part of the employee.
- A notice period must generally be observed, with some exceptions.
- Resignation does not automatically entitle the employee to unemployment benefits, except in specific cases.
Definition of resignation
Resignation is the decision by an employee under a permanent contract to voluntarily terminate their employment contract.
It must be based on a clear, serious and unequivocal intent.
An employer cannot infer a resignation solely from an employee’s behavior.
- Job abandonment can be treated as a resignation if the employee does not return to work within 15 days of a formal notice to do so.
- Conversely, when the termination results from a mutual agreement between the parties, it is not a resignation but a termination of contract by mutual agreement.
Case of employees on fixed-term contracts
Resignation only applies to permanent contracts (CDIs). An employee on a fixed-term contract (CDD) can only terminate their contract in limited cases provided for by law, such as being hired under a permanent contract (CDI) elsewhere, cases of serious misconduct or cases of force majeure. Find out more on early termination of a fixed-term contract
What does the resignation procedure involve?
To resign, employees must follow several steps.
No formal procedure is imposed; the employee can inform the employer orally or in writing.
The employer acknowledges receipt and specifies the terms for the end of the contract.
A resignation letter template is available on the Service-Public website.
The employee must, in principle, observe a notice period before leaving the business. Its duration depends on the collective agreement, the employment contract or professional customs.
A simulator is available to determine the notice period duration based on collective agreements.
The notice period may not be served in certain situations:
- The employer exempts the employee from the notice period and pays compensation in lieu of notice.
- The employee requests an exemption that is accepted by the employer (no allowance is paid).
- A provision in the collective agreement provides for an exemption.
- The resignation occurs in specific cases, such as pregnancy or leave to start a business.
If the employee has not taken all of their accrued leave, they will receive a compensatory paid leave allowance at the end of the contract.
What is the impact on the employee’s various rights?
Right to unemployment benefits
Resignation does not, in principle, entitle an employee to unemployment benefits, as it constitutes a voluntary loss of employment. However, certain situations allow for compensation.
- These are referred to as legitimate resignations.
- These situations notably include relocating to follow a spouse, a professional retraining project, starting or taking over a business and enrolling in a qualifying training program.
Eligibility for benefits depends on the conditions set by the unemployment insurance system and must be verified on a case-by-case basis.
Visit Service-public websiteResidency rights
For foreign employees, the effects of a resignation vary depending on the residence document.
- When the permit authorizes all professional activities, resignation generally has no immediate impact.
- However, for permits linked to a specific job, the situation can be more sensitive, particularly during renewal.
A case-by-case analysis is recommended to assess the right to reside and work, including in the event of a new employer.
Explore our dedicated sectionAt a glance
This page explains the rules applicable to termination of the employment contract at the employee’s initiative in France through resignation. It is based on institutional sources such as the French Labour Code and Service-public.fr. It presents information covering resignation, notice-period arrangements and the consequences for the employee’s rights. It uses the example of an employee on a permanent contract ending their employment contract through resignation, complying with a notice period and receiving their end-of-contract entitlements.