The notice period is a notice period that the employer or employee must respect when they wish to terminate the employment contract of their own volition. It is a period that aims to keep one’s professional activity while a job is replaced.
The notice period is calculated in calendar days (all days of the week count). It may happen that it is expressed in months, in which case it ends the day before the date on the resignation/dismissal letter.
Leave, RTT and notice
Taking days off during the notice period is not allowed (unless an agreement is made between the employee and the employer). To be able to take advantage of their leave, the employee will have a longer notice period, of a duration equal to the number of days of paid leave.
The consequences can vary:
- If they are scheduled before the notification of termination of the contract: when the days of leave are confirmed, the employee will be able to take advantage of them normally. On the other hand, the notice period will be suspended and extended for a period equal to the number of days of leave.
- If they are provided for after the notification of termination of the contract: when a common agreement is made between the two parties, the notice period is not suspended and extended.
I am an employer, is it possible to impose the taking of leave?
Regardless of whether it is a notice of resignation or dismissal, it is indeed possible to grant leave, but not to impose it! Again, the employee and the employer have to come to an agreement.
What happens if the company closes and the employee is on notice?
If the company has to close, the employee may be forced to take his or her days off. The notice period is therefore not suspended or extended.
The employee will have to receive 2 allowances, the first for the notice period not served and the second for the period of paid leave (which corresponds to the duration of the closure)
Note: if you have to stop a contract while the employee is on leave, the notice period will start at the end of the leave.
If there is an agreement, how does it work?
Leave may reduce the notice of wages, only if the employer agrees. At that time, the notice periods will not be suspended even if the employees take advantage of their unused leave days. If you are an employer, you must validate all leave in advance so that the employee can take it on the dates that are scheduled.
What about RTT?
As for RTT, it’s a little different from paid leave. Indeed, this reduction in working hours allocates rest days or half-days to the employee. So, taking an RTT during the notice period is not the same as declining the term.
What can extend a notice period?
For example, your employee is sick during their notice period. This period will then be extended. And this is regardless of whether the employee receives a salary or an allowance from his or her health insurance company.
You may also be interested in this article:
