Employment & Labor Law
Notice of Dismissal
The notice of dismissal depends on seniority and the notification date. Understand the CDI schedule and work exemption.
Lexicon
Employment & Labor Law
Work Exemption
Work exemption allows the employee to no longer perform their tasks during all or part of the notice period. It should not be confused with the immediate end of the contract: its effect depends notably on the person requesting it and the content of the agreement.
When the employer takes the initiative to exempt the employee, the remuneration due during the notice period is in principle maintained according to the applicable rules. When the employee requests to leave earlier and the employer agrees, the ITM distinguishes a termination by mutual agreement: the non-worked period is then not automatically remunerated. An ambiguous oral response can therefore lead to significant disagreement.
The written document must specify who requests the exemption, its duration, the contract end date, and the treatment of amounts due. It is also necessary to organize the return of equipment and verify the obligations that continue to apply. For a departure to a new employer, do not deduce from the sole authorization to leave the premises that all the consequences of the departure are settled.
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Other Associated Definitions
Explore Complementary Concepts
Employment & Labor Law
Resignation with Notice
Resignation ends the permanent contract at the employee's initiative. Seniority, notice period, and early departure: prepare a reliable schedule.
Employment & Labor Law
Termination of contract by mutual agreement
Termination by mutual agreement requires a written document signed by both parties. End date, amounts due, and effects on unemployment are to be examined.
Employment & Labor Law
Receipt for full and final settlement
The receipt for full and final settlement records end-of-contract amounts. Optional signature and verification of amounts are to be distinguished.