When an employee sends his resignation letter, is it legal to retain that employee indefinitely until a replacement is found? Is it legal to claim damages if he leaves?
This is for Spanish law and more broadly european law.
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In some parts of Europe (germany), employment contracts normally contain notice periods which the employee must respect.
A default applies if nothing is specified in the employment contract:
It is common that employers and employees negotiate a cancellation agreement which reduces this period after notice has been given, but the employee has no right to do that unilaterally. The employer might well refuse to sign such a cancellation agreement unless a replacement can be found. In that case the employee must work for the remainder of the contracted period.