Notice of Resignation Explained

Definition of Notice of Resignation

A notice of resignation refers to the period an employee must respect when informing their employer of their decision to resign. It is a professional courtesy that allows the employer to prepare for the departure, organize a replacement, and minimize operational impacts.

In Québec, no specific duration is imposed by the Act Respecting Labour Standards. However, the Civil Code of Québec states that an employee must give their employer “reasonable notice.” The length of this notice depends on the employee’s role, the industry, and the circumstances of the departure.

Is Notice Mandatory?

Yes, but in a flexible way. Article 2091 of the Civil Code of Québec specifies that “an employee may unilaterally terminate an indefinite-term employment contract, but must give reasonable notice.”

This means that an employee is not required to stay for a fixed number of weeks, but must act in good faith and allow for an adequate transition. In some cases, failing to provide notice may be interpreted as disloyalty and could have legal consequences—particularly for employees in strategic positions.

What Is a Reasonable Notice Period?

There is no universal rule, but here is what is generally expected:

• Administrative or technical position: 1 to 2 weeks
• Management or specialized role: 2 to 4 weeks
• Executive role: 4 weeks or more

These timeframes may also be specified in an employment contract, HR policy, or collective agreement.

Can the Employer Refuse the Notice?

Yes. The employer may choose to release the employee immediately without requiring them to work through the notice period—especially in cases of conflict or when the role is sensitive. In such cases, however, the employee must still be paid for the days worked, and in some cases, an additional indemnity may apply if provided for in the contract.

Notice of Resignation vs. Notice of Termination

Not to be confused: a notice of resignation is given by the employee, while a notice of termination is an obligation of the employer when ending employment without disciplinary cause. Though they follow different logics, both aim at the same goal: ensuring a respectful professional transition.

In Summary

A notice of resignation refers to the reasonable period an employee must respect when informing their employer of their departure. While not defined by law, it stems from the principle of good faith. In general, a period of 1 to 4 weeks is considered acceptable, depending on the position. Providing notice is also a way to preserve one’s professional reputation.

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