Resignation
Date of update
Employees on a permanent contract may terminate the contractual relationship with their employer without explaining their reasons. If they decide to terminate the employment contract on their own initiative, it is considered a resignation.
Similarly, resignation is assumed if employees deliberately abandon their job and does not return within 15 days of receiving formal notice from their employer.
Where the contract is terminated by mutual consent, a contract termination agreement may be signed to provide certain safeguards to the employee. See our dedicated fact sheet
This fact sheet deals with the resignation of employees on a permanent contract with a company based in France. Certain procedures must be followed.
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fixed-term contract and resignation ? Employees on a fixed-term contract may terminate their employment contract in the cases expressly provided for in the French Labor Code, for example if they have received an offer of permanent employment. See our fact sheet on terminating a fixed-term contract The term “resignation” refers exclusively to the voluntary termination of a permanent contract by an employee. Where a fixed-term contract is concerned, the appropriate term is “early termination” of the employment contract. |
Procedure
Employee Notification to the Employer
There is no specific procedure required for resignation. Employees may notify their employer either in writing or in person.
It is common for resigning employees to send a formal letter of resignation to their employer.
The employer acknowledges receipt of the resignation letter and sets out the terms and conditions of the contract termination in a letter to the employee (notice period, documents to be provided at the end of the contract, etc.).
Resignation letter
See the resignation letter template on the service-public website
Notice period
Before leaving the company, the employee must observe a notice period.
This notice period may be provided for in the collective agreement applicable to the company, or in the employment contract (where it may be shorter than that stipulated in the collective agreement). Otherwise, the notice period customarily required in the profession in question will apply.
The digital labor code website created by the Ministry for Labor features a simulation tool that will tell you the notice of resignation period specified in the collective agreement. Allow one or two minutes for the simulation to complete
In some cases, the notice period does not have to be observed. For example:
- If the employer voluntarily waives the notice period. In this case, the employee will receive a payment in lieu of notice equal to the salary they would have received had they worked through the notice period.
- If the employee asks their employer to waive the notice period and the latter agrees. In this case, the employee will not receive a payment in lieu of notice.
- If the collective agreement applicable to the company exempts resigning employees from observing the notice period.
- In the event of resignation during pregnancy or for the purpose of raising a child.
- In the event of resignation following business start-up leave.
Paid leave
Employees are entitled to a payment in lieu of paid leave if they have been unable to take all their leave before the contract termination date.
Unemployment
Employees who resign are not, in principle, eligible for the back-to-work allowance (Allocation de retour à l’emploi – ARE), since only those who have lost their jobs through no fault of their own are entitled to unemployment benefits.
However, in some cases, the national employment agency (France Travail) may consider the resignation legitimate, thus entitling the employee to compensation.
These cases are set out in the Unemployment Insurance Convention and Agreements and, subject to conditions, may apply to persons who can provide proof that they:
- Have moved house (to accompany their spouse, civil partner, etc.).
- Have resigned from a new job (following a redundancy).
- Have left their job to complete a training course that leads to a qualification.
- Plan to set up or take over a business.
- Plan to enroll in a vocational retraining program.
- Are engaged in a civic service or volunteering activity.
Click here to check how to substantiate the legitimacy of a resignation on the French government’s website.
Estimate the amount of unemployment benefits you are entitled to on the France Travail website
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Impact on right of residence
All nationals of non-EU and non-EEA countries – with the exception of Switzerland who wish to live and work in France for more than three months must have a residence permit.
In the event of a termination of employment, the impact on the foreign worker’s immigration status will depend on the type of residence permit they hold.
Holders of a residence permit authorizing the exercise of any professional activity
The residency rights of persons whose residence permit authorizes them to engage in any professional activity will not be affected by the termination of their employment contract. This includes persons with a temporary or multi-year “private and family life” residence permit, a “family member of a European national” resident permit, a permanent residence permit, a “Talent (family) status”, etc.
Holders of a temporary residence permit marked "employees"
- If employee finds a job before their residence permit renewal date, their new employer must apply for a work permit on the website
- If they are unable to find a job before their residence permit renewal date, their application to renew their residence permit will be rejected in the event of voluntary termination of employment.
However, if the resignation is considered legitimate and the interested party is eligible for unemployment benefits, their residence permit will be renewed for one year.
Holders of a multi-year “employee” residence permit are allowed to engage in any salaried employment, as long as they possess a work authorization. If there is a change of employment, the employer must apply for a new work authorization. For more information, please refer to our dedicated fact sheet
Holders of a “Talent ” multi-year residence permit
- If the employee finds a job before their residence permit renewal date:
- If the new job matches the conditions of the previous residence permit (such as contract type, salary, profile, etc.), no additional steps are required from the employee. However, the employer must request the residence permit authentication at least two days before the employee starts the new job.
- If the conditions for the residence permit are no longer met, it will be necessary to apply for a change of status with the Prefecture to ensure the residence permit aligns with the individual’s new situation.If the holder no longer meets the conditions for granting a “Talent Passport”, they must apply to change their status at the Prefecture.
- If they are unable to find a job before their residence permit renewal date, then the holder no longer meets the requirements for the residence permit, it will not be renewed. However, if the resignation is considered legitimate and the individual qualifies for unemployment benefits, the residence permit may be renewed for the duration of the unemployment benefit period
For the renewal of their residence permit, the following documents should be provided to the Prefecture:
- The employer’s certificate intended for France Travail
- The certificate from the unemployment benefits agency indicating the remaining period of coverage