What happens when an employee resigns?

For you as an employee

What should I consider when resigning?

When you as an employee want to resign, it's good to do so in writing to avoid misunderstandings. As an employee, you must also adhere to the notice period, which is regulated by LAS and varies depending on the length of employment. The minimum notice period is one month, but can be up to six months for long-term employment. The notice period is calculated from the exact date of resignation. During the notice period, you as an employee are entitled to salary and other benefits. 
 

What applies if I resign myself?

As an employee, you can take leave or parental leave during the notice period if it was granted before the resignation, otherwise by agreement. The employer can exempt you from work with maintained salary and benefits. Confidentiality and non-compete clauses still apply during the notice period for you as an employee. This means that you are not allowed to start a competing business or exploit company secrets during the notice period, just as it applies during the employment relationship. 
 
After the employment ends, you as an employee are entitled to paid holiday pay and can apply for unemployment benefits. There is usually a waiting period before payment is made in case of self-dismissal. After the resignation, certain non-compete clauses and confidentiality obligations may still apply depending on, among other things, what is stated in the individual employment agreement. 
 

For you as an employer

What applies when an employee resigns?

As an employer, you have the same duty of loyalty towards the employee during the notice period as you did during the employment period. This means that you, as an employer, are still obliged to, among other things, treat the employee fairly, not discriminate against the employee, and provide a safe working environment. 
  
As an employer, you are also obliged to continue to pay salary and offer benefits during the notice period. However, you may exempt the employee from work with maintained salary and benefits. When terminating employment, you as an employer also have an obligation to pay holiday pay if the employee has accrued unused holiday entitlement at the end of the employment. 
 

In summary

• The employee is not obligated to resign in writing, but it can be beneficial for evidential purposes.
• Both parties must behave towards each other during the notice period as if the employment is still ongoing, with continued duty of loyalty, work obligations, and salary payments. Certain obligations of loyalty may extend even after the end of the employment relationship.
• After the notice period has expired, the employee can apply for unemployment benefits, usually with a waiting period.
• After the employment relationship has ended, the employee has the right to receive the remaining accrued vacation days paid out as vacation compensation.