14 ms·
Ask HN: Why on Earth does Europe have 3 month notice periods to switch jobs?
I'm an American looking to hire developers in the EU for one of our business units. I've been absolutely astonished by European employment 'contracts' that require a 3 month (!) or longer (!!) notice period to quit a job. It's difficult for me to understand how this isn't indentured servitude, especially in a region known for its stronger labor protections than the US. Here in America employees customarily put in 2-3 weeks of notice, maybe 4- but it's purely a courtesy, and technically the employee could leave literally anytime they want.
A contract stating that you're not allowed to leave without 3 months of notice seems extraordinarily restrictive. (What happens if you ignore it?) I can't imagine how a future employer can wait a full quarter to just hire someone- so this must greatly restrict labor mobility and hence wages. How is this legal, in the famously pro-labor EU?
- aklemm 4y agoEuropeans enjoy profound worker protections literally unimaginable in the US. Naturally along with that comes profound complication, rigidity, and bureaucratic mess.
- idiomaticrust 4y agoIt works both ways usually. If you want to fire an employee you can not do it from one day to another without good reason. There is also the possibility of an earlier contract end with the agreement of both parties. What devs are you trying to hire?
- idiomaticrust 4y ago"If you want to fire an employee you can not do it from one day to another without good reason." This usually only applies for permanent employees, not freelancers.
- pasc1878 4y agoBut irrelevant. Freelancers don't have the three month notice under discussion here.
- bluedino 4y agoSo what's a good enough reason to fire someone but not have it take 3 months?
- pasc1878 4y agoBreaking the terms of the contract. Abusive behaviour.
- pjc50 4y agoBreach of contract or gross misconduct are usually serious enough. But it has to be a reason you'd be happy defending to a court, not just the American "I don't like this guy".
- deleted 4y ago[deleted]
- colinjoy 4y agoMisconduct. E.g. not fulfilling your contractual duties as an employee or actively causing damage to the company. Still, a warning needs to be issued before a termination in all but the most severe cases. (Germany)
- ad404b8a372f2b9 4y agoIn France it's called a "faute grave" or "faute lourde" and according to the government's website the following reasons would be acceptable, although some are more straightforward to justify than others in case of litigation: Faute grave: * Being drunk during work hours * Not coming to work without a reason * Insubordination (refusing to do work included in your contract) * Harassment, violence, insults * Theft on company grounds Faute lourde: * Keeping non-striking employees from entering company grounds * Intentional destruction of company equipment * Physical violence and death threats against your employer * Kidnapping colleagues (lol) * Stealing your employer's clients * Divulging secret or confidential IP Like all legal frameworks there is some room for interpretation, I'm not an expert on the matter, it's only a translation of the government website. I've worked in a few places where occasionally a few bottles of red would be consumed during team lunch so not all companies have the same interpretation of what a fireable offense is.
- another-dave 4y ago> If you want to fire an employee you can not do it from one day to another without good reason. And if you make a position redundant, you have to pay the employee their notice period. So as a permanent employee, I'll need a smaller emergency fund if I know that I have three months heads-up if I need to find a new job vs one month or one week.
- jaclaz 4y agoI believe you will need a lot of de-astonishing if you plan to manage your EU business unit. Three months is not "EU", it is more likely a Law of a specific country in EU. Typically (but again it may depend on country) you can of course leave, but without an agreement on the lack of advance notice the employer may keep the equivalent of your pay for the period.
- ElfinTrousers 4y agoAnother iteration of the ancient story: "American shocked to find rest of world operates differently in some ways".
- kube-system 4y agoIt’s less of a shock that it’s different and more of a shock that it’s anti employee
- pjc50 4y agoIt's not anti-employee! It's symmetrical; this is the trade off for "your employer has to give YOU three months notice". (conversely, everyone in the EU who hears about US ""right to work"" interprets it as some kind of 1984 euphemism for "you can be fired with no notice or severance") Edit: yes, I think it's at-will and "right to work" is a different euphemism referring to law against "closed shop" unions.
- pbowyer 4y ago> (conversely, everyone in the EU who hears about US ""right to work"" interprets it as some kind of 1984 euphemism for "you can be fired with no notice or severance") Is that an incorrect interpretation?
- sushibowl 4y agoAre you referring to at-will employment? Right to work means it is illegal to make it required to join a union as condition of employment.
- ggeorgovassilis 4y ago> by European employment 'contracts' With great variations between member states. Germany has long notice periods, Greece has as short as 2 weeks notice. > how this isn't indentured servitude Labour law extends similar protections to employees. A long notice period simply levels the playing fields by returning some protection to employers. That's why in the EU there aren't mass layoffs like in the US right now, or riots, or mass shootings. > (What happens if you ignore it?) Maybe nothing, depends on how litigious the employer is. Usually a shorter notice period can be negotiated, eg. by agreeing to some un/pre-paid post-departure consulting for the previous employer. > I can't imagine how a future employer can wait a full quarter It's about planning. I wouldn't want to work for an employer who is hiring in panic because they haven't foreseen labour needs. I'd be afraid that they'd let me go as easily as they have hired me. > so this must greatly restrict labor mobility Yes > and hence wages That is why you are trying to hire in Europe, aren't you? > How is this legal, in the famously pro-labor EU? Because it is literally the law.
- cscurmudgeon 4y ago1. There are layoffs in EU but they are not click worthy as those in Silicon Valley. https://sifted.eu/articles/startup-tech-company-layoffs-2023/ https://sifted.eu/articles/startup-tech-company-layoffs-2023...
- piva00 4y agoAt least in Sweden (and I believe Germany is similar) there are no layoffs as you see in the US. In Sweden an employer might extend an offer to buy you out of your employment contract, which you can deny and continue to be employed. If they want to do layoffs they will have to follow LAS which has a few provisions on how it should be done, including a LIFO order for who gets shafted, and any positions considered "redundant" not being able to be hired at all for a few months (I believe it's 6 months but I might be wrong).
- cscurmudgeon 4y agoThe US also has provisions on layoffs. https://www.cnbc.com/2022/11/10/warn-act-what-every-us-worker-should-know.html https://www.cnbc.com/2022/11/10/warn-act-what-every-us-worke...
- ad404b8a372f2b9 4y agoMost people don't want to be labor mobile, they want to be labor secure. Generally you can agree with your employer to waive the notice period. Often people will also take their accumulated vacation days at that time. Some collective labor agreements also specify that employees can take so many days off a month to look for a new job.
- londons_explore 4y ago> Most people don't want to be labor mobile, they want to be labor secure. I suspect that even though most individuals want to be labor secure, most people would actually be better off with more mobility instead. You wouldn't mind being laid off if you were pretty certain you could get a new job with a similar salary within just a few days. The only reason being laid off is so stressful is because there isn't sufficient mobility, and it's likely it will be many weeks or months till you find a new employer. I'd kinda like to see an 'employer of last resort', where the government guarantees to employ anyone anytime. That should at least take away much of the fear of being laid off, even if few people actually use the service.
- ad404b8a372f2b9 4y agoThat's essentially what France does (and the U.S I think, to some extent with welfare?), you have a right to the "allocation chômage" which is a monthly payment from the government and your job is to find a new job. But I don't believe in these perfectly efficient systems, like the one you describe, in which as long as we remove friction everyone can do what they want. Humans are not robots, they need emotional and social stability to thrive. A job comes with a location, social bonds, an expertise, habits ... You can't swap one for another and call it good as long as the paycheck stays the same.
- freitzkriesler2 4y agoOne of the many myriad of problems I saw while living in Europe. Great labor protections! Very few job openings. There's always a flip side to the good things online Europeans like to brag about.
- 4y ago
- ElfinTrousers 4y ago> I can't imagine how a future employer can wait a full quarter to just hire someone I mean, if you extended your horizons a little beyond the next earnings report, you'd be surprised what you can plan.
- pjc50 4y ago> contract stating that you're not allowed to leave without 3 months of notice seems extraordinarily restrictive. (What happens if you ignore it?) You may in theory get sued for the cost of covering for you, but in practice what happens is you lose any outstanding owed you by the employer (wages and payment for holiday not taken). It's generally considered that this is an employee protection, because it works in the other direction as well. The employer has to give you 3 months notice to end the contract. (it's not unheard of for people to get the "locked out of your account and building" at the point of resigning, then get paid for the 3 months. This is referred to as "gardening leave")
- yootyootr 4y ago> I can't imagine how a future employer can wait a full quarter to just hire someone Well, when they also expect 12 weeks notice in their employee contracts, they can't exactly argue when you are held to the same standard in your current employment can they?
- jnsaff2 4y agoIn Estonia the norm (in fact the default in the law) is one month notice period. So it's definitely not everywhere in the EU.
- therockhead 4y agoTypically one month in Ireland.
- benjaminsuch 4y agoIn germany it's only 3 month if the employee has been in the company for 4 years. Until then it's only 1 month. Edit: Both parties can of course negotiate a bigger time frame.
- lethef 4y agoThis is simply not true. At least in IT it's 3 months as soon as you're done with the probation period (which is usually 6 months). Not sure about the employer, but employees can cut this period shorter. The document is called Aufhebungsvertrag – termination agreement. I just think the employer has to agree to this.
- andrewclunn 4y agoAtlas Shrugged really needed an editor. It's a long, yet overly pedantic novel with simplistic caricature for villains. It also manages to go head to head with Brave New World for predicting the nature of our decline. This is just one more moment where I must begrudgingly admit that Rand called this one.
- benjaminwootton 4y agoIn the UK tech industry it tends to be 1 month for rank and file employees and 3 months for seniors. By the time you are senior enough to be at the 3 month level you will often be put on gardening leave anyway.
- TravelPiglet 4y agoUsually you can just get an agreement with the employer to leave sooner. Three months might be enough time to hire someone and have some limited handover, but better than no handover.
- Temporary_31337 4y agoThe long notice period, among other things attenuates hiring sprees like we have seen this summer and the firings that followed in the winter. It requires for the ceo and hiring managers to think a little longer term than this quarter.
- agilob 4y agoNever had longer notice period than 3 months, and I don't think people would agree to such thing. I've seen people being on notice for a year, but it was considered "garden leave". Company pays you not to take any job, so you basically forget what the product was and they move on with functionality. I once had 3 months notice period, when leaving I asked verbally if we can make it 4 weeks, they agreed and that's it.
- TamDenholm 4y agoGotta remember that just because you put something in a contract doesnt mean its legal. I could put that you must murder anyone i tell you, even if you sign that it doesnt make it legal. But thats criminal law. I terms of the UK, realistically its still just a curtousy, but employers put it in because employees often thinnk that they have to adhere to it, they don't. If in the scenario the employee doesnt work the notice period and just immediately leaves, the employer technically could take them to civil court, make a case that they need them to finish their notice period, and the court could theoretically grant them that due to the employee's breach of contract. But i'd imagine thats almost never happened (just guessing), because that would take considerable time, effort and money to do that, and its less hassle just to let them go. So yeah, its put in because employers can, and employees often incorrectly think they're beholden to it and comply anyway.
- mejutoco 4y agoIf all the companies have to wait it just becomes normal. It might not the best advice in Germany, where a reference letter from your previous employer can be very important for a new job (maybe not so much for expats).
- nicolaslem 4y agoIt is also worth keeping in mind that in a lot of cases these three months are greatly reduced when both the employee and the company come to an agreement. The reason is quite simple, the employee usually is eager to leave and the company does not want him to destroy the mood of his team by chatting during three month about the greener pasture he is going to.
- phphphphp 4y agoYes, it’s very normal to have long notice periods. An employee absolutely can ignore their notice period if they want* but most respect them because they don’t want to burn bridges. Long notice periods are a companion to much greater worker rights, not in competition with. Europe’s work culture is very different to America’s in that there’s mutual expectations around the commitment made by the employer and by the employee. All companies understand that to hire someone means to wait for their notice period to expire, so it’s not as if it prevents anyone from opportunities. * in some places, an employer could pursue the ex-employee for contract violation if they didn’t respect their notice period, and the employee could incur the cost of replacing them in the short term… but it’s very rare and typically only important in the context of high-skill jobs. I’ve never seen it happen.
- mejutoco 4y ago> especially in a region known for its stronger labor protections than the US If the employee wants to leave, they give x months of notice (unless the employer agrees to less). If the employer wants to fire the employee, they also need to give notice, and salary during this time (unless the employee is fired for cause). This is a strong labor protection, since it is turning an asymmetrical power relationship into a more symmetrical one. > I can't imagine how a future employer can wait a full quarter to just hire someone This is exactly what happens. I guess it makes employers more conservative on who they hire. It probably disincentivizes innovation and incentivizes social cohesion.
- butler14 4y ago3 months is reserved for mid- senior roles, and 6 months isn’t uncommon for senior management/board level (often with enforced garden leave) as a business owner, it protects me from key employees leaving me in the shit and gives me 3 months to replace them as an employee, it gives them security that I won’t drop them in the shit and they will have 3 months to find a job or risk not being able to pay their bills It doesn’t seem super complicated
- pbowyer 4y agoThink of it another way: you know that people won't up and leave (easily) leaving you only with a month (or less) to hire a replacement for their role. There will be time for the hiring process and for handover. As an employer it has benefits as well as drawbacks.
- tasubotadas 4y agoSetting EU labor BS aside. Don't hire as "permanent employees", hire them as contractors (and offer higher rate). There are lots of people who are quite happy with this arrangement. People get more money, the cost is the same. Employer gets flexibility. Everybody is happy except the tax collector :).
- pjc50 4y ago> tax collector cough IR35
- poisonborz 4y agoBesides this being unfair to the rest of society, if your country happens to have a working social/medical system, being a contractor can be dramatically worse for an employee later on.
- freitzkriesler2 4y agoPart of what I saw was that anyone with means (office workers, contractors, SWEs, etc) opted instead of supplementary or entirely private health insurance. When I asked many people why they didn't use their national healthcare system, they scoffed at me and said it was great for emergency care and only that. This was rather eye opening for me. Is it good? Probably not, but that was the reality I saw.
- tasubotadas 4y agoThat's not how it works in practice. In practice you pay 40% or more in taxes and the person who wants to get professional help, still uses private services. Universal health care is only for the poor
- helsinkiandrew 4y agoI think that's only the law if you've been in a company for awhile in a few countries like Germany, Belgium, or Denmark. The idea is that it works both ways - you can't be given 2 weeks notice and kicked out like in US companies. https://madison-bridge.com/notice-periods-in-europe-are-they-different/ https://madison-bridge.com/notice-periods-in-europe-are-they... Most other places are a month - if you are senior: a manager, vice president etc then some companies may write 3 months into your contract.
- discopicante 4y agoBecause it's a mutual beneficial agreement – employers cannot terminate employees without at least 3m compensation. Also, this law is not optimized for industries (like tech) that have talent shortages.
- bryanlarsen 4y agoAre you saying that you can find, hire and onboard a new employee in less than 3 months? Seems unlikely, but if so, what's the problem? The employee quit, it's highly unlikely they want to stick around for another 3 months, so if you don't want them around for those 3 months it wouldn't be hard to come to a mutually beneficial agreement. Both times I quit my job, my employer gave me a multi-month contract to finish my current work and/or to help onboard my replacement. They had to pay me a lot more than my employment rate to do so. They would have been thrilled to keep me for another 3 months without having to pay extra to do so.
- polishrandomguy 4y agoWhat people don't seem to realize is that you absolutely CAN leave anytime that you want, without that notice period, if both you and your employeer agree on doing do. It is pro-employee policy, as it gives you time to peacefully search for other job and not be left without any wage to support yourself and your family. It also prevents employees from leaving without preparing next person that will take over their responsibilities, and gives time to the employeer to actually find your replacement if they need to. It's not an anti-employeer, nor anti-employee policy, and it just goes to show how less of a friendly workplace USA market has.
- poisonborz 4y agoI've never the notice period not happening. And honestly can't imagine why someone would want it (except rare cases like abuse or new salary massively better). - Other companies are absolutely used to this period, and you already sign the contract with the start time that much ahead - there is no need to haste. - If there was a workplace conflict, most companies just give this as a "free holiday" - rather than go through the legalities of making it shorter. - Nobody expects much performance during notice period, you are not taken into long term planning, but you have ample time to give workshops or write documentation about siloed knowledge so it is cozy for both the employee and the employer.
- carlosjobim 4y ago> What people don't seem to realize is that you absolutely CAN leave anytime that you want, without that notice period, if both you and your employeer agree on doing do. I think everybody understands this. The ethical problem is trying to force an employee to stay and work when they want to leave. It is a basic human freedom.
- tzs 4y ago> It is pro-employee policy, as it gives you time to peacefully search for other job and not be left without any wage to support yourself and your family. Wouldn't that also be the case with a short (say two week) or even no notice period? Simply start your job search before you tell your current employer that you want to leave.
- scotty79 4y agoWhen it comes to developers people usually skip the notice period. Because employer doesn't want to have employee that doesn't care anymore. And employee just wants to leave. So it's not uncommon for the employer just paying for the notice period without employee doing any work or even comming into the office. Theoretically it's time to offload your workload to a different worker, but IT employers rarely appreciate benefit of controlled handover and know that wronged developer may screw them in various ways which malicious intent could be very hard to prove.
- jedrek 4y agoHey so fun fact: three month notice periods are standard in Germany because German companies like to have runway to offload and onboard employees. Germany is famously pro-labor, so you actually have two notice periods: one for the employer (statutory) and one for employees (contract). The two are usually aligned, and only get out of sync when the employee has been working somewhere for a long time. Let's say you have a month-long notice period in your employee contract. You work at your job for 5 years. By that time, the statutory notice period has increased to two months: if your employer wants to fire you, they have to give you two months. On the other hand, if you're the one who wants to leave, you only need to give them one month, per your contract. Pretty neat.
- deleted 4y ago[deleted]
- matips 4y agoI think it is result of labour protection law - just symmetrical. In Poland there is same notice period for employee and employer (up to 3 months). In Poland it is popular - especially in IT - to sign B2B contract which do not have such restriction and you can agree on shorter or longer notice period to quit a job.
- Archelaos 4y agoIn Germany, the default for an employee quiting a job is a four weeks notice to the middle or the end of the month. Only if the job is subject to a collective labour agreement, this period might be shorter. A collective labour agreement might extent it, as well as an individual working contract. In all these cases, the period for the employee must not be shorter than the period for the company. However, it is possible to grant the employee a longer period.[1] The law does not state an upper limit for the period of notice. There had once been a court ruling in a specific case that a period of three years is too long, because it violates the principle of good faith ("Treu und Glauben").[2] A contract may be terminated earlier by mutually agreement. An employee may also simply not show up for work, but is then liable for the resulting damage. The employer bears the burden of proof for the damage incurred. So in case you really want to hire someone immediately who is not released from his contract, you can offer to take over any claims for damages that might be made by his former employer. [1] §622 BGB, see: https://www.gesetze-im-internet.de/bgb/__622.html https://www.gesetze-im-internet.de/bgb/__622.html (in German) [2] https://www.hensche.de/arbeitsrecht-urteile-bag-6-azr-158-16-26.10.2017-kuendigungsfrist-agb-u.html https://www.hensche.de/arbeitsrecht-urteile-bag-6-azr-158-16... (in German)
- PaywallBuster 4y agomost countries are probably 1 month only 3 month could be for senior-leadership and other high level positions
- pyb 4y agoI think 3 months is the norm in France for permanent employees
- fenring 4y agoPretty great tradeoff if you consider (in case of Poland) 26 vacation days, up to 180 days of sick leave with 80% of wage, 20 weeks of maternity leave, having the employer respect the same notice period. Ignoring fact that you can't be "just" fired without any reason - it must be result of your performance, behavior, or position reduction. Employer who would fire anyone just because of a bad mood, then hire somebody else next day as a replacement, will simply loose in court. And 3 months notice period is for employers with 3+ years in company, others have 2 weeks or 1 month.
- gpderetta 4y agoAs far as I know garden leave is a thing even in the US. A garden leave is in practice a long notice period were you do not have to show up for work. But here in Europe notice periods are usually symmetrical (i.e. you are entitled to it), while often garden leave is at the employer discretion.
- emmanuel_1234 4y agoThis is not just Europe. I've worked in both Hong Kong and Singapore, and in both cases I had a 3 month notice after the probation period. Mind you, in both case this is symetrical: the employer can get rid of me, provided they give me a 3 months notice, or pay for it (more likely), just like I can leave after a 3 months notice period or pay for it. However in most cases, when leaving, you can negotiate to leave early, because no company wants to retain and pay someone who doesn't care anymore: they'll just get you to do some handover and let you go. On the other hand, I find the North-American way brutal: if my employer wants to get rid of me, I'm revenue-less in 2 weeks. That's not a lot of time for me to find a new job.
- tzs 4y agoThe reasons an employer might want to ditch an employee and the reasons why an employee might want to leave are not not symmetrical, so it isn't obvious that notice periods should be symmetrical. For employees a long notice period to leave could mean not being able to take a great opportunity that comes along because it won't be available long enough. For employers a long notice period to fire is just a short term monetary cost. For most businesses it won't affect the rest of the business. Businesses, except for very small ones, generally are not going to have to turn down some new great opportunity that comes along because they happen to still be paying someone they are in the midst of letting go.
- cassianoleal 4y ago> For employees a long notice period to leave could mean not being able to take a great opportunity that comes along because it won't be available long enough. I think if you actually look into it, you'll find that this is not the case. In countries where long notice periods are the norm, either by law or just general culture, an employer tends to be more than willing to wait for a candidate.
- poisonborz 4y agoNote that this also comes with very long, 3-6-9 months of probation periods in most EU countries - during which time both parties can terminate the contract instantly and without reason. After such time passes, everybody is interested in a predictable safe separation.
- jdmtheNth 4y agoIf you can adequately install and train a replacement employee with two weeks or less notice, you probably don't need them in the first place.
- yooloo 4y agoIn NL it’s one month. But regardless of that, I prefer some notice period instead of being fired on the spot while I’m on sick leave (which is also illegal in Europe)
- pyb 4y agoEqually weird is the U.S culture of escorting leavers immediately out of the building, as if they were minded to commit untold damage... Also, many European countries have notices much shorter than 3 months.
- tinglymintyfrsh 4y agoSometimes, they (US-based employers) just turn off badges and ghost employees without telling them. Employee shows up to work and wonders why they can't get on the elevator. They've been fired, but no one told them. Happens more so with extra-corporate-y US corporations who are more social Darwinian than most.
- throwawaycopter 4y ago> How is this legal, in the famously pro-labor EU? Because it's actually pro-labor. I go into a job knowing an employer cannot simply fire me out of the blue. Meaning I have a little stability to be able to plan my life a few months in advance. The fact that Europe has a strong labor laws, worker unions and such is the reason why I chose to migrate to Europe and disregarded the US as a destination. A decision I never came to regret, by the way. Keep that awful "at will employment" to your side of the pond, thank you.
- cassianoleal 4y ago> Keep that awful "at will employment" to your side of the pond, thank you. The UK has zero-hour contracts, which I think is in the same spirit. It won't surprise me if other European countries either already have or will soon have similar arrangements. It's a sad reality, honestly.
- throwawaycopter 4y agoThe UK, thankfully, is not part of the EU anymore however. I don't think labor protections are eroding however. Those tend to be very popular among the population here. Perhaps I am wrong? Do you have more information about this? I know that there are some leeways to avoid labor protections in some places, such as being employed as a temporary contractor, but I understand there are some limitations to this practice.
- cassianoleal 4y ago> thankfully Lol not sure if you're an anti-UK EU member or a Brexiter. Not that it matters, really. > I don't think labor protections are eroding however. If you mean in the UK, then they definitely are. Zero hour contracts are more or less the worst parts of being an employee with the worst parts of being self-employed, all turned up to 11. At least that's what I've heard from a lot of people on them. > Those tend to be very popular among the population here. I'm not sure where 'here' means in this context but honestly I imagine the only country in the world where labour protections are impopular (are they really? no idea...) is the US. > Do you have more information about this? More or less anecdotal but yeah - like I said above, people on zero hours tend to have it pretty rough. > being employed as a temporary contractor This is me. Not to avoid labour protections, but rather to have more autonomy. I like not having a boss. I like not having to go through the yearly grind of performance reviews. I like being able to take (unpaid) time off more or less when I feel like it. There are drawbacks but for my needs and wants I find the tradeoffs to be pretty good.
- petodo 4y ago> A contract stating that you're not allowed to leave without 3 months of notice seems extraordinarily restrictive. (What happens if you ignore it?) You answered it by yourself, you just stop going to work, what are they gonna do, fire you? Worst case you will just lose some part of salary you already earned, but usually you can agree on some more reasonable notice period like one month to make both parties happy to handover the job, but of course there are employers who will tell you you don't really need to come to work during notice period to not cause more damage than good. Under absolutely extreme unrealistic circumstances employer can sue you for expenses you caused by not showing up for work during notice period, but honestly nobodyis enforcing this because it's PITA taking many years in courtrooms, so it's not worth. This notice period by law is made mostly to protect the employees so they will have enough time to find replacement job and not end up without income within 2 weeks. Also while you are often paid by weeks in US, standard in US is to get only monthly payment. When people switch jobs the future employer is aware there might be notice period before you can join, so nobody realistic really expect you will join next day and they always ask when you can join. Also if you have shitty employer who don't wanna deal with notice period they will give you fix term contract like for one year and then they will just decide not to extend it (you can do same) and there is no notice period at all. Of course some countries have laws against fixed term contracts, like you can have only 2-3 terms in row to avoid abusing this. Other solution is to use work agency to hire workers and not hire them directly, these are employed officially in agency, so you will just tell agency you don't want worker anymore and agency has to deal with his job assignment.
- hdjjhhvvhga 4y agoI'm surprised it's been flagged. It's an interesting topic so a civilized discussion wouldn't hurt, would it? As an European all I can say it's a double-edged sword. When you are being laid off, you appreciate it doesn't happen in a Musquesque way and you have plenty of time to take care of your family and find an interesting job, not just anything. yes, not all companies are happy with it, but some will - and you can also start looking in the last moment if you feel adventurous enough.
- thefz 4y agoNot true, I had to give 1 after 12 years of service in the same company.
- Kleb 4y agoThe 3 month period is arguably pro-labor. In the US, you can be fired and can similarly fire your employer at the drop of a hat. French employees are protected from layoffs and employers are similarly protected from ghosting by problematic employees. While the notice period is 3 months, employees and employers can often end the relationship in less time depending on the context. Essential employees usually don't get to leave early. There are a lot of caveats to this, so don't take it as a categorical truth.