Note published on June 10 in El Pulso Laboral, in the Mercado Laboral [Labor Market] Section by the Editorial Department.
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The decision to resign from a job is an important step that needs to be approached in a responsible and professional manner. Although the Federal labor Law does not establish a minimum period of time for notifying the boss of the resignation, it is crucial to understand the consequences of doing so without prior notice.
According to Expansión, resigning without prior notice can be interpreted as lack of responsibility and commitment toward the company and co-workers; this, in turn, can be an obstacle for future employment opportunities, given that some recruiters still call for recommendations from previous employers.
In order to avoid legal problems and to establish a proper record of the employment termination, it is advisable that the resignation be made in writing and be presented directly to the employer, the direct supervisor, the legal representative or the company’s human resources department.
Óscar de la Vega Castillo, founding partner of the D&MAbogados Firm, told Expansión that when a worker resigns, he has the right to receive a severance payment that includes the proportional payment of vacations, the vacation bonus, the year-end bonus and any other benefits that he had the right to.
The company has the responsibility of covering this payment as quickly as possible in order to avoid legal problems and ensure compliance with the corresponding obligations.
Additionally, he pointed out that resignation is a unilateral statement of will by the worker to end the employment relationship. Thus, in the event of a labor trial, the resignation is evaluated along with other evidence and arguments presented to determine its validity, as this document does not constitute sufficient evidence.
Notifying a resignation responsibly is fundamental in the labor arena. Thus, it is up to each one of us to resign in the most responsible manner possible in order to affect as few people as possible, especially our co-workers, who will have to take over our tasks while the right person is found.
