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Resignation Without Notice Can Reduce Termination to Almost Zero.
Resigning without observing basic rules can cost the worker dearly. According to Magalhães & Moreno Lawyers, those who do not comply with the notice period may see almost the entire termination compensation disappear, as the company is authorized to deduct the amount equivalent to one month’s salary. In many cases, a lack of attention to timing and proper documentation makes the difference between leaving with just over R$ 1,000 or receiving up to R$ 5,000.
The notice period is not just a formality, but a right and also an obligation.
To turn the tables, experts suggest three practical steps that involve choosing the right moment to resign, properly formalizing the request, and ensuring compliance with the 30 days.
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Who Should Comply with the Notice Period
According to Magalhães & Moreno Lawyers, the notice period must be complied with by all workers who resign, under penalty of losing a full salary.
Unlike what happens when the company dismisses an employee, there is no reduction of two hours per day or a waiver of seven consecutive days.
Lawyer Daniel Moreno explains that if the employee expresses in writing their desire to comply with the 30 days, but the company opts not to require their presence, the deduction cannot be made.
In this scenario, the worker does not receive the notice month, but they also do not lose the corresponding amount.
How the Notice Period Impacts Termination
The notice period can drastically alter the final value of the termination.
In a practical example, a salary of R$ 2,000 generates a termination amount of R$ 3,000 from vacation, proportional 13th salary, and days worked.
If the notice is not complied with, the deduction of R$ 2,000 reduces this amount to R$ 1,000.
Already when the worker complies with the 30 days, the sum increases: in addition to R$ 3,000, there is the salary for the worked period, raising the termination to R$ 5,000.
In practice, those who comply with the notice “work one month and receive two.”
Where Timing Makes a Difference
Magalhães & Moreno Lawyers emphasize that the notice period should be accompanied by a timing strategy.
Resigning on a Monday can add R$ 60 to R$ 140 to the termination, as the calculation considers consecutive days, including the previous Sunday.
Another crucial point is to formalize the request after the 15th of the month. This ensures an additional proportional month of vacation and 13th salary, which can represent up to R$ 400 more in the final calculation.
These simple date adjustments make a real difference in the worker’s pocket.
Why Formalize Everything in Writing
Formalizing the notice period is another essential step. Experts recommend writing a letter with the date, identification, and the explicit phrase: “I will comply with the worked notice period.”
This record protects the worker against undue deductions and serves as evidence in any disputes.
In addition to the signed document, keeping digital records, such as WhatsApp messages, reinforces the evidence that the worker made themselves available to fulfill the obligation.
Thus, if the company refuses, they cannot deduct the corresponding amount.
Is It Worth It to Comply with the Notice Period?
For Magalhães & Moreno Lawyers, the answer is clear: complying with the notice period is almost always worth it, as it multiplies the final termination value.
The only exception would be when the worker already has a new job guaranteed and cannot wait the 30 days, but even then, the decision should be made consciously, knowing the financial impact.
Planning, timing, and proper documentation are the three pillars that prevent losses and maximize what the worker takes when leaving the company.
The notice period is a decisive point in the resignation request. Without strategy, the worker can lose almost everything; with three simple steps, one can significantly increase the amount received.
And you, have you ever lost part of your termination compensation for not complying with the notice period? Or do you believe this period should be more flexible for those who resign?
Leave your opinion in the comments – we want to hear from those who live this situation in practice.
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