I have a new job but I don’t want to go empty handed
If you want to leave your current job & company, whatever the reasons are, you can always resign/quit. It’s easy to do and your right to do so. Except that you’re taking some risks for your professional career by doing so.
You’ll have to go through a trial period which length is variable depending upon your grade (2 months for workers or employees, 3 for technicians or supervisors, 4 for directors or executives, renewable once).
This is a moment during which you can quickly leave your new job without justifying yourself and this right is reciprocal. Your new employer can also terminate your contract the same way. For managers, directors & executives, we’re talking about 8 months during which the company can go into a reorg, the project pertaining to your hiring can be cancelled, the person hiring you can be transferred, leave the company, etc.
In other words, you’re taking a risk and particularly as far as unemployed allowances go except in cases of “legitimate resignation” (relocation, resignation in your new company after being fired in your old one, salary non paid, professional transition, etc.).
How can this risk be reduced? Negotiating the duration of the trial period is not given to anybody. This is for executives in general. The other way is to negotiate your departure from your current company in order to get a minimum finance to bounce in case of a problem with your new employer.
For example, going for a Mutually Agreed Contract Break-up open rights to unemployment allowances. So, the question here is how to get your current employer find an interest into negotiating your departure in such a short window, knowing you’re going to a new company.
First, let’s kill 3 preconceived ideas.
Why would my current company pay me any indemnities since I have a new contract?
If you look at this question on a moral standpoint, don’t negotiate anything. If you look at it from the standpoint of your professional career, particularly if you’ve got seniority in your company, then consider the risks involved in this career move.
Of course, you could legitimately wonder why your company would have any interest at all paying anything above what’s due since it is you who’s leaving. Yet, it is possible to take your employer to negotiate your departure. And maybe on the contrary of what you might think, in a short timeframe. The better your relationship with your employer, the shorter this timeframe can be.
The whole strategy will be to bring your employer to the point of believing that it is his interest to let you go and therefore be inclined to add some financial sweetener to the separation. Of course, if he suspects that you have a new contract ready, he will not do it. He would just wait for you to resign. So don’t tell him or anyone in the house !
I am joining a new company in 3 months: I’ve got to resign and can’t negotiate my departure
Even if this delicate it is possible to negotiate a departure in 3 months.
Now, this negotiation has prerequisite and 3 steps:
- The prerequisite is that your current company must not, and has no way to be aware of your future job;
- 1st step: bring your current company to come to the conclusion that it is its interest to talk about negotiated separation. This is the influence game and it is the key.
- 2nd step: this the negotiation per se about the conditions of your departure.
- 3rd step: comply with the necessary lawful requirements of all agreements. This is the locking.
Let’s reverse plan: the last step is around a month (Mutually Agreed Contract Break-up or transactional) so 2 months are left for influence and negotiation.
Negotiating lasts at least 3 weeks to a month just to agree on seniority compensation so 1 month is left for influence.
It’s short so optimizing time is of the essence.
2 ways to do this:
- Start the influence game at the same time you start negotiating your future contract with your new employer providing that you have good signs of signing it. For example, if you’ve got an engagement letter, chances are good that this will turn into an actual contract.
- Request a starting date for your future employer that is beyond 3 months from now. You can say that you want to finish on-going projects you’re heading today and this will give a good image of yourself to your future company.
I got no time to negotiate whatsoever
You can also make the signature of your new contract and your departure negotiation part of one single project. This is how you’ll have a global view on all necessary steps and the time needed for each. If you don’t integrate the 2 processes you may not have the time you need.
Take your current employer along the way to think that it is his interest to ask you to leave and, at the same time, negotiate your future contract, is possible so that you get enough financial security to cover the risks of bad surprises in your new company. To do this, it is important to anticipate and integrate the 2 negotiation processes.