It may be missing in advance notice? How often? Find out all about it!

If you are an employee and are leaving the company you work for, you must give your notice period.

Many people wonder if it's possible to miss your notice period and what the consequences are. Therefore, we've compiled the information you need to know about what happens if you miss your notice period.

Follow the article and find out!

What will I discover in this post?

• Can failing to give prior notice give just cause?
• How many days can I miss on my notice period?
• What happens if I don't give my notice?
• Is there a warning in the notice period?
• I already missed my notice, what now?

Can failure to give prior notice give just cause? [Updated 2023]

It's important to remember that giving notice still implies fulfilling your duties as an employee. Therefore, it's important to remember that you must fulfill your contract until its termination.

Absence during the notice period must be analyzed according to the situation in which it occurs.

In general, absences during your notice period result in salary deductions for the period of absence. If you miss too many days, you may receive a warning during your notice period.

If absences continue, you may be suspended or even dismissed for cause during this period, as you would be in serious breach of your employment contract.

How many days can I miss on my notice period?

You must first understand where the notice period originated. It can be given by the employee or the employer.

If your employer gives you advance notice, you have the right to take seven days off during the period. These seven days can be at the end of your contract or in the middle of it, if necessary, for absences.

There is still the option of working two hours less per day during the period, as long as all 30 days of notice are completed at the company.

If the advance notice is given through the employer, the seven days of absence cannot be discounted, as they are provided for by law.

If you, the employee, have already resigned, you do not have the right to be absent during this period and, if absences occur, the amount will be deducted from your pay.

Therefore, ideally, in this case, you should not miss your notice period and should terminate your contract correctly.

What happens if I miss work with a medical certificate during the notice period?

While serving your notice period, you may experience a health problem and need a doctor's note. In this case, the procedure is the same as at any other time on the job.

Therefore, if the medical certificate is for 15 days or less, it will not result in any change to the notice period. On the contrary, it will prevent deductions for absences from the notice period.

In the case of a certificate of more than 15 days, the notice period is suspended and resumes when the employee is ready to return to work.

And if I don't comply with the notice, what happens?

Another very important issue for those looking to leave the company is failure to comply with the notice period. It's important that you understand the consequences of not complying with this period, regardless of the reason.

• Notice period for resignation: if the employee resigns and does not wish to serve the notice period, he or she must pay a fine equivalent to the monthly salary he or she receives from the company.
• Prior notice for dismissal by the employer: the company may waive prior notice and has the right not to pay the amount of salary that the employee would receive.

The law also provides for an option called compensated notice, which is when the company determines that the notice period will not be served. In this case, if the employee is laid off, the employee may receive up to a salary corresponding to 30 days, while if the employee is dismissed, the company may stop paying the salary for that period.

Is there a warning for lack of prior notice?

As with any period of employment at the company, you may receive a warning during your notice period, whether for absence or other reasons. It's worth remembering that this period refers to the duration of your contract, and you must comply with all employment options.

Because it is still a period within the employment contract, you may receive all the punishments and benefits that you would normally receive, such as warnings, suspensions, and even dismissal or dismissal for just cause.

I already missed my notice, what now?

If you've already been absent during your notice period, it's important to assess the situation and determine whether you can justify your absence. In some cases, you can negotiate with the company to make up the missed hours or even request a justified leave of absence.

If you cannot justify your absence, it is important to take responsibility for the error and serve the remainder of your notice period correctly to minimize any negative consequences for your professional reputation.

It is worth remembering that if you have been dismissed from your position, you have the right to be absent for up to 7 days without deductions, which can be negotiated with the company for the final period or be dismissed two hours early per day.

Therefore, if you need to take time off during your notice period, whether justified or not, it is worth talking to the company and reaching an agreement on the period.

This way, the notice period will be simpler and you will be able to get through it without any problems.

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