Before starting the process, think about the consequences of your decision. Often our intention is due to the fact that we are unhappy with something at work, so it can be resolved by having a conversation with our supervisor.
Therefore, it will be better to try to expose the situation and reach an agreement. Anyway, and even if you are determined to proceed with your resignation, it will always be good to communicate this option to the entity in advance.
I do it in a friendly tone, with empathy, as this will determine a way out “for good” or “for bad”. As we do not know tomorrow, we will gladly always leave an open door for a possible return.
Assess whether termination is with or without cause
If your dismissal is based on arguments that characterize a just cause (eg, overdue, offenses against physical integrity, lack of hygiene and safety conditions), you must terminate the contract in writing with an indication of the facts that justify it within 30 days of becoming aware of them. In this case, you will be entitled to compensation from the employer.
In all other cases, when the termination is not made for just cause, you must respect the deadlines that the law stipulates as prior notice (see below) and you will not receive any compensation. On the contrary, if you do not meet the stipulated notice periods, you may be required to pay the company in question.
Check notice periods
In the case of termination without just cause, you must pay attention to the following notice periods, present in the Labor Code (Article 400), according to the different types of contract:
Endless contract
A. Under 2 years old – 30 days notice;
B. Over 2 years – 60 days notice.
Uncertain term contract
The. Less than 6 months – 15 days notice;
B. Between 6 months and 2 years – 30 days notice;
ç. Over 2 years – 60 days notice.
Fixed-term contract
The. Less than 6 months – 15 days notice;
B. Over 6 months – 30 days notice.
Write and send the resignation letter
Your resignation letter should always be sent by registered mail and acknowledgment of receipt. Never send your letter by email or hand delivery. Whatever the reason for your termination, the letter of resignation must be written in a simple, objective and friendly manner. It must contain the following elements:
Company name and address;
Department and position of the person to whom it is addressed;
Place and date of writing;
Subject matter;
Request for termination of contract with succinct indication of the reasons that lead you to resign;
Reference of the start and end date of the notice period, showing that you are respecting it;
Indication of the date when functions cease;
Reminder of the amounts to be received (eg subsidies, vacation days);
Farewell praising the qualities of the work you did during the contract;
Your name and signature.
Below is an example of a template you can use to write your resignation letter.
——
Company Name
A / C Human Resources Management Department
address
Postal Code
Give yourself
Local
Subject matter
Your Honor. Sir,
Under the terms of art. 400 of the Labor Code, I hereby inform you. regarding the intention to terminate the contractual connection that links me to your company. Said termination will take effect from the next (__) of (__) of (__), the date on which I will cease all my work duties. The main reason behind my intention is the recent job offer that I received with better conditions from another company.
In the meantime, I ask you. to calculate the salaries due to me. I emphasize that until the date that the contract ends, you only have (__) vacation days.
I take this opportunity to express the appreciation I had for working for and with your company, wishing you the greatest success, as well as the success of your employees.
Without another subject, with best regards,
Your subscription
(Your name)
