The right of the employee to resign from a job without having to explain its decision sets out in Article 81 of the Labor Code. As unilateral voluntary act of the employee, the employer’s resignation is communicated through a written notification.
The written notification does not depend of a written or tacit approval of the employer. To produce legal effects, the resignation must be communicated to the employer who is liable to register it.
The employer’s refusal to register the resignation entitles the employee to prove it by any evidence.
After submitting the request, the notice period starts. The length of the notice period is specified in the individual labor contract. The resignation is an irrevocable act, the employee may not withdraw the notification unless he has the employer consent in this regard.
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