Portuguese 
English 
Spanish 
3 min of reading 
0 comments 
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:
-
Brazil placed three airports among the ten busiest in Latin America in 2025, with Guarulhos leading the continental ranking ahead of Bogotá and Mexico City, while Congonhas is set to receive R$ 2.4 billion and increase from 22 to 30 million passengers per year.
-
Freedom savings: accumulated réis, opened accounts, and negotiated freedom: enslaved people’s savings books reveal a little-known financial history of imperial Brazil
-
The federal government is offering up to 90% discount to renegotiate debts on credit cards, overdrafts, and loans through the new Desenrola 2.0, which has already renegotiated nearly R$ 1 billion and has 200,000 requests under review at banks.
-
As the US blocks Cuba’s oil amid national blackouts, China quietly enters the island with solar panels: the country has already installed 50 renewable parks and plans for 92 by 2028, in the world’s largest solar revolution.
- 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!
Be the first to react!