What happens if I leave my job without giving 15 days voluntary leave?

In the event of dismissal, companies are obliged to give the employee concerned at least 15 days' notice, unless it is for disciplinary reasons. The objective? To give the employee enough time to come to terms with the situation, to look for a new job and to manage everything he or she may need.

However, although many workers are not aware of this, they are also obliged to give their employers the same amount of notice if they decide to take voluntary redundancy. But what happens if I leave work without giving the 15 days' notice? We will answer this question in depth below.

The obligation to give notice of voluntary redundancy

There are many reasons why an employee may request voluntary redundancy from his or her employer. For example, they may have found a better paid job or wish to devote more time to their family. In any case, the 15 days‘ notice period must be complied with, as this is an obligation laid down in the Workers’ Statute.

There are also good reasons why this obligation is included in this legal text. The most important of all is that, although the worker is exercising his right to terminate the contract unilaterally, his departure will have an impact on the company. Therefore, it is normal that he/she should be given some time to reorganise, look for a replacement and minimise the negative impact that the employee's departure will have on his/her daily activity.

What happens if you do not give 15 days' notice??

If a company dismisses a worker without complying with the notice period, unless it is a duly justified disciplinary dismissal, it may face a judge declaring it unfair or even null and void. In other words, his action will have consequences. Similarly, when an employer does not comply with this same obligation, he will also have to face consequences.

But what exactly are the consequences of taking voluntary redundancy without notice? Let's take a look:

• Deduction in the settlement: the employer is entitled to deduct one day's salary for each day of non-compliance with the notice. In other words, if the worker indicates that he/she will leave in 7 days, the employer can deduct 8 days of salary from the total amount. In extreme cases, the employee may be indebted to the company for this reason and have to pay out of pocket.
• Legal claim: the employer may consider that the employee's departure without complying with the notice period has caused damage to the employee's business. Therefore, you can file a lawsuit and demand compensation if you believe that you are not compensated with the corresponding discount in the severance payment.
• Loss of benefits: if the employee fails to comply with this obligation, the company may also fail to pay certain bonuses, commissions or special payments under internal agreements, i.e. not guaranteed by the Workers' Statute or the collective bargaining agreement.

Moreover, the effects may extend well beyond that. If, in the future, a recruiter asks the company for references before hiring the candidate, he or she is likely to receive a negative rating for lack of professionalism and irresponsibility. This will most likely prevent them from being hired.

Exceptions to the rule

Having clarified the consequences for the employee of not complying with the 15 calendar days' notice, it is time to explain that there are also some exceptions to be taken into account. For example, during the probationary period, which can last up to 6 months from the signing of the contract, both the employer and the employee can terminate the agreement without the need to comply with the notice period.

The same applies to temporary contracts with a duration of less than one year, unless a clause stipulates otherwise. Nor does it apply if there is a serious breach by the employer, such as repeated non-payment of wages. In this case, the worker will not be considered to have taken voluntary redundancy, but rather a justified resignation.

How to give notice of voluntary redundancy, even if you do not comply with the notice period.

If you are required by law to give as much notice as possible because you are not able to take advantage of any of the exceptions listed above, it is important that you give as much notice as possible. Even if it is only two or three days.

This is something that must always be done in writing, as verbal communication can lead to possible problems in the future. Specifically, a text should be written at the top with the employee's name and contact details, the date on which the letter is made available to the human resources department and the date on which the decision to terminate the contract will come into effect.

In addition, the document should contain the name of the addressee (this can be the company), a clear statement of the intention to resign and a signature. It never hurts to make it clear that you are willing to lend a hand to ease the transition.

Can the employer refuse to sign the letter?

Yes, he can, but this does not prevent the employee from exercising his right anyway, even if he does not give proper notice. To avoid later disputes, the best thing to do is to send a burofax or use any other method on the same day to show the employer that you have informed them of your intention to leave the company. This is key to avoid paying higher penalties in the future, especially if the company decides to claim damages or refuses to pay severance.

Can you back out after giving notice of cancellation?

Yes, but two conditions must be met. The first is that the expiry date you set in your resignation letter has not arrived. The other is that the employer has not hired another worker to replace you. If it has, it is not obliged to make the position available to you again.

What is clear is that, whether you are going to comply with the notice period or not, the decision to apply for voluntary redundancy must be carefully considered. If you do so and a problem arises, you should be aware that you will not be entitled to any compensation or unemployment benefit, as it is not a dismissal.

What to do if I have not given notice and the company demands money from me?

In this case, the best thing you can do is to get in the hands of a labour lawyer who will give you personalised advice and who will guarantee your rights in such a situation. If you need it, do not hesitate to contact us. We will help you in everything you need.