If I want to quit my job myself, can I claim a redundancy package?
Article ID: 300 | Last Updated: Sat, Feb 16, 2013 at 11:55 PM
There has been a structural change within my company. The new manager is totally incompetent and a bully. I want to leave. I would however like to negotiate a redundancy package. What are my options?
If you decide to end the employment contract yourself chances are low that you will get a redundancy package. Of course your employer is free to offer you a redundancy package but he is certainly not obliged to do that. Instead you may want to discuss the current situation with the management of your company or with HR. By leaving the company on your own initiative you lose your rights to claim a package and on top of that you won't get unemployment benefit either. This may only be different if the actions from your manager were so unacceptable that no one would expect you to stay working for the company, especially if the management didn't act on your request to do something about it. But it is up to the Court of Justice to decide whether the situation is bad enough to grant a redundancy package to you.
So first talk with your employer and see what they say and whether something can be done about the situation. If you don't discuss it the Court can say that you have not done enough to change the situation other than resigning. But if you still want to leave the company do not resign yourself but ask the Court of Justice to end the employment contract. Only the Court can then grant you a redundancy package if they believe that you are not expected to continue the employment relation under the current situation.