The resignation is the renunciation of a job and is formalized through a document signed by the worker. This is a unilateral and voluntary decision by the person holding the position.
That is to say, the resignation consists of the will of the person of not wanting to continue exercising a job or a position. It is not a question of a renunciation of a right, but of renouncing some obligations to which he had committed himself. The first consequence is the termination of the employment contract. But in this case it is the will of the worker and not the employer.
The resignation is regulated by labor and administrative law (for the cases of public agents). When a person does not want to receive compensation to which he is entitled, it would not be a resignation, but a waiver of rights.
The simple abandonment of work or not going to it is not a tacit resignation. The resignation must be express.
Characteristics of the resignation
The document in which the resignation of a position is recorded must comply with the following essential notes:
- The resignation must be in writing with the decision made and the signature. This document is known as a letter of resignation. It is recommended that it also contain the reasons why the position is being abandoned, but it is not mandatory to stipulate cause.
- The resignation letter must also record the date on which it is signed and when the discharge of the obligations will become effective.
- It is not a decision of the employer, that is, it is not a dismissal.
- Some resignations may be forced. For example, in the case of politicians or those with administrative positions whose moral or professional integrity is compromised. This figure is known as ex officio resignation. That is, certain regulations are breached and the consequence is the obligation to resign.
- In the world of work it is also known as voluntary redundancy.
- This resignation must be given with a margin of time so that the company can cover that position -> notice.
Consequences of resignation
The main consequences of this voluntary resignation are:
- The person who resigns is not entitled to compensation.
- You are also not entitled to unemployment benefit.
- It can lead to the company suing the worker and getting the company to be compensated for damages. Above all, it happens in the case of senior officials who do not give prior notice.