What Is a Resignation?

Important Notice - The information presented in this article is provided for informational purposes only. It does not constitute legal advice or personalized professional guidance. Each situation may involve specific circumstances. We recommend consulting a lawyer, legal advisor, or qualified HR professional before making a decision.

 A resignation occurs when an employee voluntarily decides to permanently leave their job. Unlike a dismissal or a layoff, the decision to end the employment relationship is initiated by the employee rather than the employer.

Employees may resign for many reasons, such as accepting a new position, making a career change, returning to school, relocating, or simply leaving a job that no longer aligns with their professional goals.

Even when a resignation takes place on good terms, it formally ends the employment relationship and involves certain responsibilities for both the employee and the employer.

How Does an Employee Resign?

A resignation should reflect a clear and unequivocal intention to leave employment. An employer should therefore not automatically assume that an employee has resigned simply because they are absent, express dissatisfaction, or make certain statements during a moment of frustration.

In practice, resignations are generally communicated in writing, for example through a resignation letter or email indicating the employee’s intended last day of work. This provides both the employee and employer with clear documentation of the decision and the expected end date.

When the situation is ambiguous, the employer should clarify the employee’s intentions before treating the employment relationship as having ended.

Does an Employee Have to Give Two Weeks’ Notice?

It is commonly believed that employees are legally required to provide two weeks’ notice before leaving a job. In Québec, however, the Act respecting labour standards does not establish a specific resignation notice period.

Instead, the Civil Code of Québec provides that a party wishing to terminate an employment contract of indeterminate duration must give the other party reasonable notice. What constitutes reasonable notice can vary depending on factors such as the nature of the position, the circumstances and the length of employment.

There is therefore no single notice period that applies to every resignation.

For more information, see our glossary entry on notice of resignation.

What Should an Employer Do When an Employee Resigns?

Receiving a resignation generally triggers several administrative and operational steps for the organization. The employer should properly document the end of employment and coordinate the employee’s departure.

Depending on the situation, this may include:

• Confirming receipt of the resignation and the employee’s intended last day.
• Planning the transfer of responsibilities, files or knowledge.
• Arranging the return of company property, when applicable.
• Paying amounts owed to the employee at the end of employment.
• Issuing a Record of Employment, in accordance with applicable requirements.
• Communicating the departure to the appropriate people within the organization.

Beyond these administrative steps, a resignation can also be an opportunity to organize a knowledge transfer or conduct an exit interview to better understand the reasons behind the employee’s decision.

Resignation, Layoff and Dismissal: What Is the Difference?

The main difference lies in who initiates the end of the employment relationship and the circumstances surrounding the decision.

With a resignation, the employee voluntarily decides to leave their job.

With a layoff, the employer ends the employment relationship for reasons that are generally unrelated to the employee personally, such as economic, organizational or technological reasons.

With a dismissal, the employer also ends the employment relationship, but for reasons related to the employee or their work performance.

Understanding these distinctions is important because the rights and obligations associated with the end of employment can vary depending on the circumstances.

When a Resignation Raises Questions

Not every resignation occurs in straightforward circumstances. A resignation announced during an emotional moment, a workplace conflict or other particular circumstances can make the situation more complex.

Because a resignation should reflect a genuine and unequivocal intention to leave employment, an organization should avoid drawing conclusions too quickly when there is uncertainty about an employee’s intentions.

In some situations, the circumstances leading to the departure may also raise questions about the true nature of the termination. Support from an HR professional or legal advisor can help clarify the situation and determine the appropriate next steps.

In Summary

A resignation is a voluntary termination of employment initiated by the employee. In Québec, the Act respecting labour standards does not establish a mandatory two-week notice period. Instead, the Civil Code of Québec provides for reasonable notice when terminating an employment contract of indeterminate duration.

For employers, a resignation also involves several steps, including confirming the departure, transferring responsibilities, completing administrative requirements and paying any amounts owed.

When the circumstances surrounding a resignation are ambiguous or more complex, an external HR consultant can support the organization in structuring the process and appropriately managing the end of the employment relationship.