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The resignation

Breaking a short term contract
In the case of a short term contract, resignation is not authorised unless both parties come to an agreement. The employee may be liable for damages and interest to compensate for the inconvenience caused. Moreover, the employee loses all rightscontract bonuses and is only eligible to receive holiday allowance. According to the social modernisation law of 17 January 2002, the employee can break the short term contract before the agreed term under the condition that he is going to sign a permanent contract. Unless both parties come to a mutual agreement , the employee is obliged to respect a notice period of no longer that two weeks.

Breaking a permanent term contract
No details need be given when breaking a permanent term contract. To avoid any potential difficulties concerning the resignation, it is advisable that all queries be sent by recorded delivery. It is not necessary to establish the reasons for the resignation. The notice period must be respected by both parties except under the following conditions:
- the employer declares the employee exempt from the notice period,
- the employee has committed a serious error,
- the notice period is rendered impossible due to unforseen circumstances,
- special circumstances outlined in the work code.
 

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