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by pyre
3745 days ago
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> Yes. Just as you can quit, walk out, and be done. What is the flip-side to at-will employment though? Without at-will employment, do employees become slaves that cannot quit their job? Or are there only a small list of "legal" reasons for you to quit your job. I always see "well the employee can always leave at any time too," but is that really something that disappears in places without at-will employment? |
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The following is true for a sizable part of Europe. The flip side(s!) are:
* I can't just walk out on a job, I have to give a 4-week notice (for any reason, though. It can be anything, from "I feel like I need a new challenge" to "I hate ever single one of you motherfuckers"), during which I'm expected to do my job more or less as usual. Everyone understands you're not as motivated, no one plans for major stuff to happen during someone's N-week notice.
* My employer has a small, but very open-ended list of reasons why he's allowed to fire me, which includes things like me underperforming (but he has to give proof that this actually happened -- i.e. he needs to have an actual evaluation process, has to warn me that I'm not performing as expected first and so on), shrinking clients base which means that they literally no longer need so many people and I drew the short stick and so on.
My employer is also required to give me a four-week notice, during which he has to pay me as usual, and he also has to pay for any vacation days I didn't take in this time (the idea being that I could have lounged in Belize instead of working my sorry ass at the office).
Furthermore, if I am being fired, my employer is also required to allow me to go to interviews during business hours (for obvious reasons).
Regulations vary from one country to another, but that's the gist of it. In general:
- Notices are typically 4 weeks for non-management positions and 6 weeks for management positions. The law around here allows these periods to be longer, but not shorter than this, and they're negotiated as part of the contract.
- However, they can be skipped by mutual agreement (i.e. if I want to leave right now and my employer doesn't have a problem with that, we sign an additional paper that says we both agree to leaving without a 4-week notice and I'm out).
- They don't apply for the duration of the test period at the beginning of an employment contract (if there is one). During that period (typically 3 months), both resignations and firings are effective immediately. I did it once, it' a very refreshing feeling :-).
I work for the European branch of a relatively small American company, which is how I've come to know all this. My colleagues from the US are mesmerized whenever they hear about these things.