Zakelijk, Arbeid, Schade
Particulier
Can my manager refuse to let me go?
I have a fixed-term contract till mid-May 2022 with a one calendar month notice period. I resigned today and informed I'll leave on 31st Dec. My manager, then, said I can leave IF she finds someone to replace me. Otherwise, I'll work till 14th Jan as my contract with the new company starts on 15th Jan. Can she refuse to let me go on 31st Dec?
The only information I have on my contract on termination is "The employee may prematurely terminate this contract at any time by giving written notice of one calendar month."
The only information I have on my contract on termination is "The employee may prematurely terminate this contract at any time by giving written notice of one calendar month."
If you have terminated the contract the way it's mentioned in the contract itself, the employer can't refuse to let you go.
With fixed-term contracts it can be different if there isn't a clause in the contract for terminating the contract within the fixed-term.
So it's important to check what the contract says exactly about resigning. As it’s before the 1st of December the end-date should indeed be 31st of December. Even if your new job starts at the 14th of January.
Feel free to contact me without any obligations if you have more questions.