Is it better to be fired or quit without notice?

If I resign I can sue

Workers in Colombia are not required to notify their employer days in advance of their intention to resign, however, the regulations have not always been like this. It was in 2002 when the law changed in the country.

The expert explained that it was necessary to compensate the changes with concessions in favor of the employees, since it was a labor reform that reduced the basis for calculating the indemnities for dismissal without just cause payable by the employer, extended the daytime working hours, among other measures.

Advantages and disadvantages of resigning from the job

Now, in the case of the employee, the advance notice also applies for fixed term contracts, specifically for the purpose of resigning. Based on Article 47 of the Labor Code, the employee must give notice in writing 30 days in advance, so that the employer can find a replacement for the vacant position.  It should be clarified that in indefinite term contracts the notice does not apply.  As explained in Article 62 of the Substantive Labor Code, there are just causes that unilaterally terminate a labor contract.

Daniel Ceballos, Attorney at Law with a Master’s Degree in Human Resources Management, recommends taking into account the notice period at the time of resignation.  “If an employee decides to leave the company, it is advisable to do so in advance so as to generate a prudent time for another person to arrive, and also so that he/she can be trained and formally handed over the position”.

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It is possible to resign from a job from one day to the next.

By virtue of the labor relationship, the worker provides a personal service subordinated to the employer through the payment of a salary. That is, the labor relationship is a legal bond that exists between the employer and the employee, which has as an essential element the subordination that the employee has with respect to the employer.

At any time during the labor relationship an employee may decide not to continue rendering services to the employer for various reasons, some of which are provided by law and are known as causes for termination of the labor relationship, in which case the employee may rescind, resign or terminate the labor relationship without liability, when the employer incurs in any of the conducts provided by the Federal Labor Law.

Likewise, the employee may decide to terminate the employment relationship with the employer for very diverse reasons, which may be of a personal nature, for having received another job offer in accordance with his economic needs, tastes and interests, or for not feeling comfortable in his job, among others. When one or more of these circumstances arise, the employee has the right to express his or her free will to resign.

Untimely resignation

Serious misconduct by the employee, such as lack of probity, sexual harassment, physical abuse against the employer or another employee, insults against the employer, immoral conduct affecting the company and harassment at work.

Failure of the worker to show up for work without a justified cause two consecutive days, two Mondays in a month or a total of three days in a month; also, unjustified absence, or without prior notice on the part of the worker who is in charge of an activity, task or machine whose abandonment or stoppage means a serious disturbance in the progress of the work.

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Abandonment of work, understood as: a) the unjustified departure of the worker from the site of the work and during working hours, without the permission of the employer or his representative, and b) the refusal to work without just cause in the tasks agreed upon in the contract.

– If the employer has been subjected, by judicial resolution, to a bankruptcy proceeding for the liquidation of its assets.Termination of Contract, Notice of DismissalTermination of Contract, Notice of Dismissal