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I'm currently employed in a Swiss company which I am about to leave.

I am working from home (in France) most of the time, but usually come in Swiss office every two weeks. I have absolutely no hard feeling for my current company, quite the opposite, so I'd like to present my resignation in person, face to face, so that I can explain and discuss my decision. It also feels more professional and respectful than just sending an official letter.

The problem I can see is that the boss is not often in the office, and I'm not sure who else can acknowledge (sign ?) my resignation letter. I'd like not to wait several two weeks periods for a chance to meet the boss, because my new employer obviously would like me to start as soon as possible. Chances are high that the company's CTO will be there, would that be a valid and legal alternative ?

I'm mainly looking for legal answers here: I obviously would not want to learn after the fact that my resignation wasn't official. In my case, I have two contracts (one swiss, and one french that is linked to it, for the time spent in France), so I'm also not sure exactly which laws apply regarding the usual mandatory 3 months resignation period.

Any lights here ?

closed as off-topic by jcmeloni, Joe Strazzere, gnat, Michael Grubey, Monica Cellio Jun 25 '14 at 19:17

This question appears to be off-topic. The users who voted to close gave this specific reason:

  • "Questions seeking advice on company-specific regulations, agreements, or policies should be directed to your manager or HR department. Questions that address only a specific company or position are of limited use to future visitors. Questions seeking legal advice should be directed to legal professionals. For more information, click here." – jcmeloni, Joe Strazzere, gnat, Michael Grubey, Monica Cellio
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    We are not lawyers and do not give legal advice. – Kevin Jun 18 '14 at 8:19
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    @Ajaxkevi: And I won't hold anybody responsible for the answers, should everything happen. I mainly want to know if somebody was in a similar situation and has any information and/or feedback. I can always check the law myself, but it feels like looking for a needle in a haystack. (Also, how do you know all readers aren't lawyers ?) – ereOn Jun 18 '14 at 8:23
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    You sign your own resignantion letter, surely. Why would anyone from the company need to sign it ? – Matt Jun 18 '14 at 11:03
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    @Matt: To acknowledge it (I'm supposed to keep it). Provides legal proof that your resignation date is what it is. At least in my country. Another option is an official 'tracked' letter but that seems rather rude imho. – ereOn Jun 18 '14 at 12:10
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    @Pepone Switzerland is not part of the EU. – Ghaag Sep 5 '14 at 19:08
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From a contract point of view the latest issued document should supersede the others.

Regarding the resignation letter it is a unidirectional document meaning the only person who has to sign it is you. In principle the only competent people to handle it should be your direct supervisor or HR. HR should afterward issue an acknowledgment of resignation.

From a personal point of view, talking to your boss first is a nice courtesy. Maybe an email asking for an urgent meeting or phone conversation might be an alternative.

This said this is only personal advice based on my specific experience. If you need legal advice you should look for professional counsel. For that, you can look for local union branch ("permanence syndicale" in french) who may give you free legal advice regardless of national juridictions.

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I'd like to present my resignation in person, face to face, so that I can explain and discuss my decision.

The person you really should see is your boss. I believe he is the one who can sign your resignation letter.

However,

The problem I can see is that the boss is not often in the office.

Then I would suggest you to call him to make an appointment. Tell him that the reason you want to see him is to resign. I believe he would have time for you for this matter.

Discliamer: I am not a lawyer. Please do not take this answer as a legal advice.

  • @ereOn Either you think too much about your concern or there is something you have not asked yet. – scaaahu Jun 18 '14 at 10:14
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    "Tell him the reason you want to see him is to resign". That is essentially telling him you are resigning, which would defeat the point of having a meeting. – DJClayworth Jun 18 '14 at 13:04
  • @DJClayworth The OP is about to leave the company. The purpose of the meeting is to present the resignation letter. So, yes, the point of the meeting is to resign, not to stay. – scaaahu Jun 18 '14 at 13:24
  • It's normally considered polite to tell your boss you are resigning face to face. If you call or email and request a meeting "because I want to resign" then you've told him you are resigning. – DJClayworth Jun 18 '14 at 13:32
  • @DJClayworth, when you are remote, sometimes you need to tell him on the phone and followup with offical stuff. If he was going to resign at the office and the boss wasn't going to be there, as his boss I would want to get a phone call in advance. That said, you could call HR and ask who to deliver the letter to if the noraml recipeint won't be there if you try to make an appointment and cannot. – HLGEM Jun 18 '14 at 19:18

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