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Fulfilling The Notice Before Resigning Can Turn A Termination From R$ 1,000 Into Up To R$ 5,000, According To Labor Lawyer Daniel Moreno.
The act of resigning can be expensive if not well planned. According to labor lawyer Daniel Moreno from the Magalhães & Moreno Law Firm, small decisions regarding the date and the manner of leaving can represent losses of up to R$ 4,000 in termination rights.
In 2025, the specialist published practical guidelines to help workers minimize losses when terminating their employment relationship.
Moreno warns that, whenever possible, one should avoid resigning, as workers lose benefits such as the full withdrawal of the FGTS and unemployment insurance.
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While a Brazilian works 113 hours to buy the basic food basket, a Portuguese person needs only 18 hours to take essential food home.
Nonetheless, for those with no alternative, he details strategies that can increase the amount received and reduce undue deductions in the termination.
The Weight of The Chosen Date for Resigning
One of the tips highlighted by Daniel Moreno is to formalize the request on a Monday.
This ensures that the employee receives the days from the previous weekend, since salary is calculated monthly.
Another recommendation is to make the request after the 15th of the month.
This way, the worker accumulates an additional month in the calculation of the 13th salary and proportional vacation.
The specialist exemplifies: an employee with a salary of R$ 2,000 who worked for three months and an additional 15 days will have the calculation made as if they had four full months, which can represent an increase of up to R$ 400 just for choosing the date.
Compliance with The Notice: Where More Can Be Gained or Lost
The most decisive point, according to Moreno, lies in the notice period.
By law, anyone resigning must comply with 30 days of work or have this amount deducted.
If not complied with, the company can deduct up to a full salary, reducing the termination amount.
The lawyer cites the example of a worker who would be entitled to R$ 3,000 in termination pay.
If they do not fulfill the notice, they may receive only R$ 1,000.
However, if they comply with the 30 days, in addition to not suffering a deduction, the employee also receives the salary for the period, raising the final amount to about R$ 5,000.
This detail alone can represent a difference of up to R$ 4,000.
How to Protect Against Undue Deductions
Moreno emphasizes that if the company opts to exempt the employee from complying with the notice period, it is essential to require a signed document or formal messages proving the exemption.
Without this proof, there is a risk that the amount will be deducted later, a common practice in labor disputes.
Moreover, it is recommended that the worker keep copies of the TRCT (Termination of Employment Contract) and payment receipts for any potential legal challenges.
Alternative: Indirect Termination
Another possibility presented by the lawyer is indirect termination, when the worker ends the relationship due to serious faults by the employer.
Cases of repeated delays in salary payments, failure to collect the FGTS, or serious risks to health in the workplace can justify this request.
If recognized by the courts, indirect termination guarantees all the rights of a dismissal without cause: full withdrawal of the FGTS, a 40% fine, and entitlement to unemployment insurance.
However, the process requires concrete evidence and representation by a lawyer.
Minor irregularities, such as reduced lunch breaks, are rarely accepted as sufficient reasons.
Planning Is Essential To Avoid Losing Money
In Daniel Moreno’s view, the biggest mistake is deciding to resign without considering the financial consequences.
Simple adjustments to the date and complying with the notice can mean the difference between leaving with only R$ 1,000 or securing up to R$ 5,000 in termination rights.
Therefore, the specialist recommends planning and professional guidance.
In more serious cases, the alternative of indirect termination can secure all benefits, but requires careful legal analysis.
And you, have you lost money when resigning by not paying attention to the date or the notice period? Do you believe that workers are well aware of their rights at that moment? Leave your comment — we want to hear from those who have experienced this in practice.
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