Voluntary Departure Explained

Definition of Voluntary Departure

A voluntary departure occurs when an employee decides to leave their job on their own initiative, without being forced by the employer. This may take the form of a resignation, retirement, return to studies, career change, or any other personal decision. It is one of the most common types of employment endings and is generally governed by simple but important rules.

Voluntary Departure: A Unilateral Decision

Voluntary departure is a unilateral decision made by the employee. The employer cannot prevent the employee from leaving, nor can they force them to do so. In return, the employee has an obligation to act in good faith, notably by providing reasonable notice before leaving their position.

This notice allows the employer to plan for replacement, organize the handover of tasks, or begin a hiring process. The duration of notice is not fixed under Québec’s Act Respecting Labour Standards but is instead guided by the Civil Code of Québec, which requires a reasonable delay depending on the position held.

When Do We Speak of Voluntary Departure?

Voluntary departure can take different forms, the most common being :

• Resignation (with or without a formal letter)
• Retirement (planned or early)
• Return to studies
• Decision to change career or industry
• Departure for personal or family reasons

In some cases, voluntary departure may result from a difficult work environment. If the employee feels compelled to leave due to a toxic workplace, this could potentially be reclassified as constructive dismissal.

Consequences of Voluntary Departure

In the case of a voluntary departure:

• The employee does not receive severance pay, except in certain cases (negotiated retirement, contractual clause, etc.)
• The employer is not required to provide notice or compensatory indemnity
• The employee may not be eligible for Employment Insurance benefits, unless they can demonstrate just cause (e.g., harassment, health issues, relocation, etc.)

This is why it is important for employees to carefully consider their decision before resigning and to document the reasons if they are related to internal workplace problems.

In Summary

A voluntary departure means that an employee leaves their job of their own accord. This decision does not require the employer to provide severance, but it does involve giving reasonable notice to ensure a smooth professional transition. Understanding the implications of voluntary departure helps preserve professional relationships and prevent legal or administrative misunderstandings.

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.