Baja voluntaria: preaviso, finiquito y gestión documental

One voluntary resignation This occurs when an employee decides to terminate their employment with the company. Although this is a common situation, it can raise a number of questions: how much notice must be given, what happens to any outstanding holiday entitlement, and what amounts should be included in the severance payment.

For the company, the work does not end once the notification has been received. It is also necessary to confirm the effective date of departure, coordinate with the people involved, prepare the final pay settlement and retain the relevant documentation.

Having a clear procedure prevents dates, documents and agreements from being scattered across emails, messages and informal conversations.

What is voluntary resignation?

Voluntary resignation is the decision by an employee to terminate their contract. It is therefore neither a dismissal nor a termination decided by the employer.

Although each case should be assessed in accordance with the relevant collective agreement and conditions, it is advisable to communicate the decision in writing. This ensures there is a record of the date on which the company was informed and the proposed last day of work.

The communication should identify, at the very least:

• Name of the employee.
• Date of submission of the paper.
• Decision to voluntarily terminate the employment relationship.
• Scheduled last day of work.
• Signature or acknowledgement of receipt.
• Post, department or centre, where relevant.

How much notice must be given when resigning?

There is no single 15-day notice period applicable to all cases of voluntary resignation. Article 49.1.d of the Workers’ Statute refers to the notice period laid down in collective agreements or to local custom.

Before confirming your departure date, it is worth checking:

• The applicable collective agreement.
• The employment contract.
• Any applicable internal conditions or policies.
• The date on which the notice was served.
• The last day of service.

Therefore, the 15-day period may be common in some sectors, but it should not be applied automatically without first checking the collective agreement and the specific circumstances.

What happens if the notice period is not observed?

If the individual fails to give the applicable notice period, this may have consequences for the final settlement where there is a legal, statutory or contractual basis permitting this.

The company should not apply discounts automatically. Before doing so, it must check what the collective agreement stipulates, how the period has been calculated and whether there was any subsequent agreement regarding the date of departure.

To avoid conflicts, it is important to ensure that:

• The original communication.
• The date on which it was received.
• The applicable notice period.
• Subsequent discussions regarding the departure date.
• An explanation of any adjustments included in the final statement.

Voluntary resignation, severance pay and compensation

Submitting a notice of voluntary resignation does not mean waiving any outstanding payments. Upon termination of the employment relationship, the company must review the items due for settlement.

The severance pay may include:

• Outstanding pay up to the last day of work.
• Accrued but untaken holiday, where applicable.
• Proportional share of non-pro-rated special payments.
• Overtime, allowances or other outstanding payments.
• Adjustments relating to the notice period, where applicable.

A settlement should not be confused with redundancy pay. Voluntary resignation, in itself, does not give rise to redundancy pay, although there may be a settlement of outstanding amounts.

What the company should check when it receives the notification

Once a notice of voluntary resignation has been received, it is advisable for HR or the person responsible to follow a standard procedure.

1. Record the communication and the date it was received.
2. Check the applicable notice period.
3. Please confirm the last day of work in writing.
4. Check holiday entitlement, days taken and days remaining.
5. Check salaries and other outstanding payments.
6. Prepare the departure documents.
7. Coordinate the return of equipment and the removal of access points.
8. Notify HR, administration and your line manager.
9. Keep the relevant documents and correspondence.

This process reduces uncertainty and avoids the need to reconstruct events at a later date.

A practical guide to handling voluntary resignation

Does voluntary resignation entitle you to claim unemployment benefit?

As a general rule, voluntary resignation does not place the individual in a legal position of unemployment and, therefore, does not entitle them to claim benefits directly as a result of leaving their job.

This does not mean that the person will never be able to claim benefits in the future. The SEPE takes into account various subsequent situations which must be assessed on a case-by-case basis, depending on how the next job ends and whether the other requirements are met.

If you have any queries, it is advisable to consult the SEPE or seek specialist employment advice regarding the specific case.

Common mistakes when processing a voluntary resignation

Problems often arise when the departure is organised in a rush or without a clear person in charge.

• To accept a verbal communication without putting it on record.
• Assume that 15 days’ notice is always required.
• Do not confirm the last day of work.
• Confusing severance pay with compensation.
• Do not check outstanding holiday entitlement.
• Applying discounts without checking whether they are justified.
• Failing to return equipment or deactivate access rights.
• Save the documents in your emails or personal folders.

In the absence of a standard procedure, a simple solution can end up leading to discrepancies regarding dates, quantities or documents.

How to improve the documentation for the release

The best way to minimise errors is to establish a procedure to be followed for all voluntary resignations, whilst allowing scope to review the specific circumstances of each case.

• Define how the communication should be presented.
• Appoint someone to be responsible for receiving it.
• Please confirm the effective date of departure in writing.
• Check balances and holiday entitlement before calculating the final pay.
• Use a to-do list to coordinate between departments.
• File the documents in the relevant file.
• Restrict access to information to authorised users.

How to manage documentation with Staffy

Staffy allows you to centralise employment documents and link them to the relevant individual, company, branch or department.

With the document management system, you can:

• Store employment records in a centralised system.
• Organise files by person, department or company.
• View documents in accordance with the defined permissions.
• Ensure that information remains accessible to authorised users.

This means that documents relating to a departure are not scattered across emails, local folders and internal conversations.

Frequently asked questions about voluntary resignation

Does a voluntary resignation have to be submitted in writing?

It is advisable to do this in writing to provide a record of the decision, the date of notification and the last day of work. It is also a good idea to keep a confirmation of receipt.

Do you always have to give 15 days’ notice?

No. The time limit may depend on the collective agreement or the applicable terms and conditions. A period of 15 days is common in some cases, but it is not a universal rule.

Is there a right to severance pay?

There may be a settlement of outstanding amounts, such as wages, accrued but unused holiday entitlement, special payments or other applicable items.

Are ‘finiquito’ and ‘indemnity’ the same thing?

No. The final settlement covers any outstanding amounts at the end of the employment relationship. Severance pay relates to other grounds and is not automatically payable simply because an employee resigns.

Can you claim unemployment benefit after taking voluntary leave?

Voluntary resignation does not automatically entitle you to claim unemployment benefit. A subsequent employment situation could change this, but the SEPE must assess whether the requirements are met in each individual case.