An employee’s voluntary resignation is a fundamental right. However, labor legislation does not protect only employees. It also provides employers with specific rights, particularly when a resignation occurs unexpectedly or without the required notice period.
Many people believe that an employee can resign from one day to the next without any consequences. The reality is more complex.
According to the law, employees are required to provide advance notice to their employer before leaving their position.
The notice period is determined as follows:
- Employees with 1 to 2 years of service are required to provide 15 days' notice.
- Employees with 2 to 5 years of service are required to provide 1 month's notice.
- Employees with 5 to 10 years of service are required to provide 1.5 months' notice.
- Employees with 10 to 15 years of service are required to provide 2 months' notice.
- Employees with 15 to 20 years of service are required to provide 2.5 months' notice.
- Employees with more than 20 years of service are required to provide 3 months' notice.
This notice period is not merely a procedural requirement. Its purpose is to give the business sufficient time to find a replacement, organize the transfer of knowledge, and ensure the smooth continuation of its operations.
If an employee leaves without complying with the required notice period and the business suffers demonstrable damage as a result, the employer may have the right to pursue legal action and seek compensation.
In addition, employers have the right to require:
- The handover of all outstanding work and responsibilities.
- The return of laptops, mobile phones, company vehicles, and any other company equipment.
- The delivery of passwords, files, and company-related data.
- The transfer of knowledge and the proper handover of duties to a replacement, where necessary.
- The protection of the company's client base and trade secrets.
Particular attention should be given to confidentiality obligations. The duty of confidentiality does not end when employment ends. Former employees remain bound by their obligation to protect business secrets, financial information, strategic data, and customer personal information obtained during the course of their employment.
For this reason, businesses should have clear employee offboarding procedures in place to ensure operational continuity and reduce risks that often arise after an employee's final working day.
Resignation is an employee's right. Protecting the business is an employer's right. Striking the right balance between the two is essential for maintaining healthy, professional, and sustainable employment relationships.
Thanasis Karmiris | Payroll Manager at AFS
