That’s crazy. So if they present a same day resignation note they have to pay a three month salary penalty? That’s just companies stealing workers’ money.
I don’t think I understand your comment, who has to pay a penalty? Who’s stealing what? You can’t do a same day resignation unless the company agrees. If they don’t agree, they can ask you to keep working for 3 months, and if you don’t come to work, they may declare you abandoned your job. Then, they don’t have to pay you, but you’re still officially an employee so you can’t legally start a new contract, they may ask you for a compensation payment and also sue you for damage.
In Spain you may resign before, but they can subtract for each missing working day to the notice period end the money they own you (it is a penalty, not just discounting from salary the days you are not working). In some cases leaving workers use their remaining PTO days to exchange to leave before the period of notice as they have the same value.
So in Spain a greater period of notice can result in bigger penalties when leaving a company, while companies can fire you on the spot (paying the required severance).
If the company fire you they have to pay you, e.g., three months notice, regardless of if they want you to do the work or not.
If you quit without notice, you might have to pay the costs incurred by you quitting early, but that’s not your salary -because they now wouldn’t be paying you.
Costs might be something like the company having to refuse an order because they now don’t have enough people to do the work, or the increased cost of an expedited hiring process.
I don’t know how common costs are in France, but the UK has the same rules and essentially no one ever claims costs. You need to really fuck over your employee in a very explicit and well documented way for this to even be considered.
The main disadvantage is you will have a bad reference if you leave without notice.
So a company with a higher revenue may reclaim higher costs, even if they paid like shit? Doesn’t look fair to me.
In Spain that penalty for not complying with the notice period is automatic. Also companies hiring don’t care for references unless they know directly the person that wrote it (so only useful for small indistry sectors).
That’s crazy. So if they present a same day resignation note they have to pay a three month salary penalty? That’s just companies stealing workers’ money.
I don’t think I understand your comment, who has to pay a penalty? Who’s stealing what? You can’t do a same day resignation unless the company agrees. If they don’t agree, they can ask you to keep working for 3 months, and if you don’t come to work, they may declare you abandoned your job. Then, they don’t have to pay you, but you’re still officially an employee so you can’t legally start a new contract, they may ask you for a compensation payment and also sue you for damage.
In Spain you may resign before, but they can subtract for each missing working day to the notice period end the money they own you (it is a penalty, not just discounting from salary the days you are not working). In some cases leaving workers use their remaining PTO days to exchange to leave before the period of notice as they have the same value. So in Spain a greater period of notice can result in bigger penalties when leaving a company, while companies can fire you on the spot (paying the required severance).
No, not at all.
If the company fire you they have to pay you, e.g., three months notice, regardless of if they want you to do the work or not.
If you quit without notice, you might have to pay the costs incurred by you quitting early, but that’s not your salary -because they now wouldn’t be paying you.
Costs might be something like the company having to refuse an order because they now don’t have enough people to do the work, or the increased cost of an expedited hiring process.
I don’t know how common costs are in France, but the UK has the same rules and essentially no one ever claims costs. You need to really fuck over your employee in a very explicit and well documented way for this to even be considered.
The main disadvantage is you will have a bad reference if you leave without notice.
So a company with a higher revenue may reclaim higher costs, even if they paid like shit? Doesn’t look fair to me. In Spain that penalty for not complying with the notice period is automatic. Also companies hiring don’t care for references unless they know directly the person that wrote it (so only useful for small indistry sectors).
In theory. It’s just standard contract law. You violate the contract, so you have to make the other party right.
In practice, the court is likely to go, “You should’ve hired someone else to do the work. No costs”