Are you feeling anxious about leaving your current job or accepting a new job offer? Learn about the legal rights of individuals who choose to resign.
In a society where the primary source of income for most people is work, it is important to consider the economic and financial implications that asking for accountability can bring. It is wise to strive for the optimal outcome.
However, it is important to be aware that if your aim is to minimize losses when exiting, it may be beneficial to seek guidance from a professional to support you.
What aspects should be taken into account?
In conclusion, the key factors that must be considered are:
- Notice of high importance
- Text: Remaining Salary
- Text: Holidays with both vented and proportional characteristics
- Thirteenth salary equivalent to one month’s pay.
- Text: Workers’ Severance Indemnity Fund
- Calculation of Rescission
Phrase: Unemployment insurance was not included in the list because individuals who voluntarily resign are not eligible to receive it.
After taking these factors into account, it is crucial to keep in mind that a thorough analysis of each of the items mentioned is necessary. Refer to the following for more information.
Advance notification
It is crucial for the employer to be informed of the intention to resign in advance so that they have time to manage any necessary changes.
Therefore, the employee must express their intention to end the employment agreement by signing a document requesting resignation.
From the moment the 30-day notice is formalized, the worker can negotiate with the employer if they do not wish to continue working.
It is possible for the company to choose to terminate an employee without requiring the standard 30-day notice period. In this situation, the employer must still pay the appropriate compensation, known as indemnified prior notice.
Warning!
If the employee fails to adhere to or discuss the advance notice, the relevant amount may be subtracted from their final pay.
The equilibrium of wages
Before delving into the topic, it is crucial to provide a specific suggestion:
Select the appropriate day to tender your resignation.
Below, please find the following information.
Did you know that selecting the specific day and month to resign is significant?
The choice made at the start of the week ensures that payment for work done on Saturday and Sunday will be received.
By placing the order after the 15th day, the employee ensures they will receive their full salary for that month and all entitlements associated with that timeframe.
The explanation provided above helps to clarify the concept of salary balance, which represents the value for the days worked during the month of resignation.
When an employee requests to resign, they have the right to receive payment for the days they have worked up to the date of their departure.
Parágrafo: Fundo de Garantia do Tempo de Serviço.
The applicant does not have the right to a 40% penalty on the FGTS balance, which is typically applicable in cases of unjustified dismissal.
Another piece of bad news is that it is not possible to withdraw the FGTS in cases of voluntary resignation, unless specified in specific circumstances outlined in the law.
There is a strategic exception to the rule that allows you to withdraw your retained FGTS by making a withdrawal request upon the birth of a child.
If the employee requests the birthday withdrawal, they may be able to access a portion of their FGTS balance in the month of their birth. This request can be submitted through the FGTS mobile app.
Text: Holiday pay and 13th salary proportional calculation
If the employee has accrued vacation time that has not been taken or paid out, they may be entitled to receive the corresponding compensation.
This computation is typically done using the actual period worked during the year when the contract termination happens.
The 13th salary is an established entitlement for employees. If an employee requests to be let go, they have the right to receive a proportional 13th salary based on the months worked in the current year.
Fresh opportunities within the realm of Employment Law
The 2017 labor law introduced a new termination option known as mutual resignation. This allows both the employer and employee to agree on ending the employment contract if they both agree to do so. Along with the rights an employee would have in case of a regular dismissal, they also receive additional benefits.
- Half of the previous notification’s value.
- 20% of the penalty for the FGTS.
- You are allowed to transfer as much as 80% of the amount in the security deposit.
Nevertheless, the agreement does not provide entitlement to unemployment benefits, which are still reserved for employees terminated without a valid reason, as stated in the CLT.
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