Português 
Inglês 
Espanhol 
3 min de leitura 
0 comentários 
Did You Know That You Can Resign and Still End Up Losing? Well… a Loophole in Labor Law Is Causing Controversy Among Those Who Work with a Registered Contract in Brazil!
If you are CLT and considering leaving your job, pay close attention: the famous resignation by mutual agreement may seem advantageous, but it carries consequences that few know about — and the impact on your wallet is direct! According to Article 484-A of the Consolidation of Labor Laws, the worker loses two essential rights in this type of termination; learn more about labor law.
Labor Law Allows the Agreement, But Charges Its Price
The so-called labor agreement — the one made between employee and employer to terminate the contract “in good terms” — has legal provision since the Labor Reform of 2017. In practice, it seems advantageous: it doesn’t “burn bridges” with the company, guarantees part of the termination payments, and expedites the exit.
But be careful! By accepting the resignation by mutual agreement, the worker automatically waives two fundamental benefits of labor law:
-
Brazilian city gains industrial hub for 85 companies that is equivalent to 55 football fields.
-
Peugeot and Citroën factory in Argentina cuts production by half and opens a layoff program for more than 2,000 employees after Brazil drastically reduced purchases of Argentine vehicles.
-
A Brazilian city gains a factory worth R$ 300 million with the capacity to process 200 thousand tons of wheat per year, a mill of 660 tons/day, silos for 42 thousand tons, and an industrial area of 276 thousand m².
-
Havan will leave the shopping mall in Blumenau to inaugurate something that the chain has never done before: a megastore in half-timbered style in the Historic Center of the city, which is expected to be completed in May and change the landscape of local retail.
- Receives only 50% of the indemnified notice period, instead of the 100% guaranteed in an unjustified dismissal;
- Does not have the right to unemployment insurance, a benefit that helps thousands of Brazilians during the transition to a new job.
Furthermore, in the case of FGTS, it’s only possible to withdraw 80% of the available amount — while unjustified dismissal releases 100%.
The Conversation Between Employee and Employer Is Now Law!
Unlike what many think, it’s not just “giving your word” and leaving. The agreement must be formalized, with signed documents and defined deadlines. According to the current labor law, the employer has up to 10 days after the end of the contract to deliver the documents and pay the termination amounts.
“But Do I Lose Everything?” Calm Down! There Are Still Guaranteed Rights
Even with the loss of some benefits, the worker still retains important rights in this type of termination, such as:
- Proportional vacation + 1/3 constitutional
- Proportional 13th salary
- Partial release of FGTS
- Right to negotiate amounts and conditions with the company
But attention: it’s necessary to analyze well before agreeing to the deal. What seems advantageous today may become a headache tomorrow — especially without the support of unemployment insurance.
The Reform in Labor Law Changed the Game
Since 2017, the changes in the rules for CLTs have provided more options, but also more traps. Knowing what lies behind the resignation by mutual agreement can be the difference between leaving at a loss and safeguarding your rights.
Therefore, stay alert: do not accept any proposal without understanding what labor law really allows. Negotiate, get informed, and if necessary, consult a specialist.
So, did you already know all these details about the resignation by mutual agreement? Do you think it’s fair to lose unemployment insurance and part of the FGTS? Comment below and share this information with your coworkers!
Seja o primeiro a reagir!