{"id":1303,"date":"2025-12-19T14:07:07","date_gmt":"2025-12-19T14:07:07","guid":{"rendered":"https:\/\/prolanz.es\/notice-of-voluntary-resignation-by-the-employee"},"modified":"2026-02-10T06:00:38","modified_gmt":"2026-02-10T06:00:38","slug":"notice-of-voluntary-resignation-by-the-employee","status":"publish","type":"page","link":"https:\/\/prolanz.es\/en\/modelos\/notice-of-voluntary-resignation-by-the-employee","title":{"rendered":"Notice of voluntary resignation by the employee"},"content":{"rendered":"

[vc_row gap=”30″][vc_column el_class=”page-custom-heading”][vc_custom_heading text=”NOTIFICATION OF VOLUNTARY RESIGNATION BY THE EMPLOYEE” font_container=”tag:h1|font_size:35px|text_align:center|line_height:45px” google_fonts=”font_family:Federo%3Aregular|font_style:400%20regular%3A400%3Anormal” css=””][\/vc_column][vc_column][vc_row_inner gap=”30″][vc_column_inner el_class=”doc-btn-wrapper” width=”2\/3″][vc_column_text css=””]<\/p>\n

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If an employee voluntarily leaves your company, request that they provide you with a signed resignation letter.<\/h2>\n<\/div>\n

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Better in writing<\/h3>\n

If any of your employees wants to resign, they can do so whenever they want and without having to give you any explanation. They can do so even if they signed a commitment agreement (if they agreed to stay with your company for a maximum of two years because you paid for their training), although in this case you may be able to claim compensation for damages.<\/p>\n

So, if one of your employees verbally tells you they’re going to voluntarily leave the company, don’t take their word for it. If you find yourself in this situation, draft a letter stating that the employee is requesting the voluntary termination of their contract, and have them sign it.<\/p>\n

In the resignation letter, state the date of the communication, as well as the last day of work and, if possible, have a witness sign (for example, any other employee of the company), so that it is recorded that there has been no coercion on the part of the company.<\/p>\n

Prevention is better than cure\u2026<\/h3>\n

If an employee’s resignation is not documented in writing, there is a risk that they will file a claim for unfair dismissal, alleging that they were notified of their termination verbally. Some companies have found themselves in this situation, and due to a lack of evidence, the judge has ultimately ruled in favor of the employee, awarding them the corresponding compensation for unfair dismissal and unemployment benefits.<\/p>\n

Notice<\/h3>\n

The only requirement your employee must meet to resign voluntarily is to grant them the notice period stipulated in your collective agreement, or the one agreed upon in the contract (however, this agreement cannot establish a longer period than that of the collective agreement). If this matter is not regulated:<\/p>\n

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  • If the resignation occurs during the probationary period, your employee does not need to give prior notice.<\/li>\n
  • Once the probationary period has ended, the law does not stipulate any notice period for resignation. However, if the contract has lasted more than a year, you must require a minimum of 15 days’ notice. This is the notice period that must be given when you wish to terminate a temporary contract that has lasted more than a year.<\/li>\n<\/ul>\n

    If your employee does not meet these deadlines, deduct from their severance pay the number of days of notice that were not respected.<\/p>\n

    Retraction<\/h3>\n

    Once your employee has submitted their resignation, they may change their mind and want to withdraw it to continue working for you. In that case:<\/p>\n

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    • Withdrawal is only valid if it occurs within the notice period. Please note that until the employee’s resignation is formalized, the contract remains in effect, and therefore the employee may freely and unilaterally reconsider their decision.<\/li>\n
    • The notice period is simply the advance announcement that the contract will be terminated. Just as you can reverse a dismissal for objective reasons within the 15-day notice period you must give your employee, they have the same right after having communicated their resignation.<\/li>\n<\/ul>\n

      In this case, if you do not accept their retraction and process your deregistration with Social Security after the last day of the notice period, this action will be considered an unfair dismissal, and the employee will claim the maximum compensation.<\/p>\n<\/div>\n<\/div>\n<\/div>\n

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