Resignation: what to do, how to request and model of resignation letter

nderstand everything that involves the dismissal process, when you want to resign or an employee of your company wants to leave your job.

Benefits, learning, dissatisfaction, there are several factors that can lead a person to resign . This process generates anxiety, tension and many doubts, both for the worker and for the company that hired him.

Experience the convenience of audio! Press play and listen to the full article.

And if, on the one hand, the employee needs to know how to make his resignation correctly, aware of his rights (and duties). Companies must understand the entire termination process, which involves many bureaucratic details and which are sometimes unclear to both parties .

So, if you want to ask for the bills, but don’t know where to start. Or you are part of the company’s Personnel Department and do not know how to proceed when receiving a resignation request , rest assured, we detail everything here. Follow!

What is the resignation request?

Resigning goes far beyond making an appointment with your superior and then “going to HR”. The entire dismissal process needs to be formalized, especially if it is a CLT resignation request .

The resignation is a document that formalizes the intention of a company employee to terminate his current employment contract.

As soon as the decision is made, the employee must write a letter of dismissal from the company , explaining the reasons that led to the resignation. Thus, it is important to understand that the order must be written and delivered to the company in advance.

This period is considered relevant because it allows the Personnel Department enough time to consider all the bureaucracy that involves the dismissal of an employee. In addition, it serves as a safe-conduct for the company to mobilize and develop a new selection process so that the open position is filled by a new contractor.

This period is also known as notice – we will talk about it later.

It is provided for in the Consolidation of Labor Laws and there are preventive legal measures, which can be complied with or not, if the professional does not show interest or the possibility of complying with it.

>> Access our Demissionail Process checklist template: click here !

How to resign?

As we said, the resignation is a factor that, initially, must be communicated to your immediate manager . It is he who will later communicate to the Personnel Department.

However, it is worth mentioning that this is an advisable measure, not mandatory. This is because experts in the sector believe that this is an action that avoids any type of conflict or communication problems.

From this conversation, the employee must write his resignation and hand it over to the manager or directly to the Personnel Department . It is from that date that the 30 days of prior notice will be counted .

If the person is unable to work in that time, he must pay the company the amount of a salary .

It is also possible to talk to the company, as it may exempt the person from complying with the notice . As we highlighted above, it is a preventive measure, but not mandatory. Depending on the location, it is the manager who informs HR when the employee can be released.

As soon as he notifies the company, the employee must deliver a resignation letter to the Human Resources Department . The resignation letter must be written by hand and must state whether the employee will comply with the prior notice or not, in addition to other information, detailed below.

Download this post by entering your email below

Don’t worry, we don’t spam.

Important Information for the Termination Letter

  • The full name of the person who made the resignation;
  • The name of the company;
  • The position he holds in that company;
  • The period that includes the fulfillment of the prior notice (or the fact that the notice will not be fulfilled, as previously communicated);
  • Signature of the employee.

It is also worth noting that HR professionals must guide employees to write two letters – or to make a copy of the original – so that the company can have one and, he, with another.

This serves as security for those involved, so that they have no doubt that everything has been agreed on regarding the resignation .

Resignation letter template 1

If you want to know how to make a letter of resignation objective and in the right tone, see the template below. This model is for a resignation with prior notice: 

 

À (COMPANY NAME)

Dear Sirs),

For personal (or professional) reasons, I come through this letter to present my resignation from the position that I occupy in this company.

I also inform that I will comply with the prior notice to which I am subject by law.

No further.

_____________, ___ of ___________ of ______.

(CITY), (DAY) – (MONTH) – (YEAR)

(EMPLOYEE’S SIGNATURE)

—————————————-

Name of employee in full

 

Resignation letter template 2

Now, if you want to know how to resign immediately (without notice), you can use the model below:

 

À (COMPANY NAME)

Dear Sirs),

For personal (or professional) reasons, I come through this letter to present my resignation from the position that I occupy in this company.

Having an interest in disconnecting immediately, I request the waiver of notice.

No further.

_____________, ___ of ___________ of ______.

(CITY), (DAY) – (MONTH) – (YEAR)

(EMPLOYEE’S SIGNATURE)

—————————————-

Name of employee in full

 

If you are part of the Personnel Department, you can use these templates to guide employees to write the letter of resignation correctly. To download the templates, click here. 

What to consider about the resignation?

As there are multiple aspects that involve both the figure of the employee and the contracting institution, it is essential to know all the facts that surround the decision.

The first one: in the same way that the company can terminate an employee at any time – within the legalities provided for in the CLT -, without being influenced by the opinion of the professional, it must pick up the resignation , regardless of what the company thinks. respect.

This means that the order for termination of contract must be accepted by the company . Although the company’s management and HR can work on strategies that change the professional’s mind, if it is convenient.

The Personnel Department also needs to report SEFIP and CAGED on employee termination. The submission of SEFIP is mandatory until the 7th of the following month and non-compliance may result in a fine. Admission and dismissal data must be sent in the daily and monthly CAGED , which has the same deadline as SEFIP.

Employee obligations on resignation

When making his decision to leave the company through the formal request , the employee also has obligations to fulfill, such as prior notice:

Early warning

When terminating the employment contract through the resignation , the employee must have 30 days notice so that the company can open a selection process and find a replacement for the position.

The notice is necessary because the CLT is not established a contract of time at work. It is indeterminate. Therefore, this measure is used as security – as already mentioned -, but also to avoid the imposition of a fine upon termination.

Thus, if the company requests the fulfillment of the prior notice and the employee cannot – or refuses – the contracting party has the right to deduct the amount proportional to a salary from the severance payments . This is provided for in article 487 of the CLT . But it is optional and it is up to the company to follow this right or not.

Company obligations when the employee resigns

After all the formalities done by the employee, it is important that the company complies with all the requirements provided for in the legislation . It is necessary to pay attention to the rules on the payment of severance payments and the new labor reform in force to avoid mistakes:

Payment and terms of severance payments

If you are wondering how many days the company has to pay the termination , we answer: 10 days after the contract ends . Due to the labor reform, this period does not depend on compliance or not, on prior notice.

When terminating the employment contract on his own initiative, the employee is entitled to receive: salary balance, vacation , 13th proportional, among others. But we will detail each of the items below.

What changes after labor reform

In force since November 2017, the labor reform brought an important change in the resignation request : the dismissal of union approval.

Union participation was required for orders placed in less than 1 year on the contract. But, now, it can be negotiated between the parties and is mandatory if it is provided for in a collective bargaining agreement or agreement.

See what you should do when the employee asks to be fired. Check out and see essential tips:

And how is the termination of the resignation calculated?

With the resignation in hand, all the initial formalities defined and the employee delivering his letter of termination, the personnel department begins its termination process.

For that, it is necessary to check the base date of salary adjustment: the employee cannot be dismissed in the 30 days prior to the adjustment. Or the company must pay him a fine in the amount of one salary.

In any case, to start the termination, the first thing that must be done is the calculation of the amount to be paid upon termination . An issue that involves a number of items.

Let’s talk about each of them right away:

Balance of Salary

The salary balance is the amount the company owes the employee for the days worked in that month until his resignation. First, it is important to know the person’s daily salary by dividing their gross salary by 30.

Now the calculation is simple : just multiply the daily salary by the number of days worked in that month.

For example: if the employee communicated his resignation on the 20th, he is entitled to receive a Salary Balance proportional to those 20 days of the month.

It is also worth noting that, if the last day worked is a Friday or Saturday, the weekly rest must be compensated . That is: he will receive a daily salary for that day as well.

Remember that it is necessary to deduct INSS and IRRF from the salary balance.

Vacation

The employee’s overdue vacation must be paid normally, with the additional ⅓. If the person has taken a partial vacation, he / she  should also receive for the unused days of his current vacation balance.

In addition, the proportional vacation that the worker accumulated during that year must also be paid .

For example: If the person’s last vesting period started on January 1, and he resigned on April 1, he worked for 3 months, that is, ¼ of that period. So far she has accumulated 4/12 of a holiday salary.

Upon termination, in addition to the amount of overdue vacation, this proportional vacation amount plus ⅓ additional vacation must be paid.

Proportional thirteenth

The employee must receive his thirteenth salary in proportion to the number of months he worked in the year. For each month worked, he is entitled to receive 1/12 of his salary. Recalling that this total amount will be discounted INSS and IRRF.

To arrive at this calculation, it is necessary to follow the planning exemplified below:

Divide the employee’s gross salary by 12 – the number of months in the year – and then multiply by the number of months worked in that year.

In numbers, if a person whose salary is R $ 1,200, who was hired in February and who made his resignation in October (8 months worked, therefore), will have his thirteenth calculated as follows:

1,200 / 12 = 100 * 8 = $ 800.

This is the final value that the professional is entitled to his thirteenth proportional.

Family salary

If the employee receives the Family Allowance benefit , he will be paid an amount proportional to the number of days worked in the month of termination.

The amount of the monthly benefit must be divided by the number of days in the month, and then multiplied by the number of days worked in the month – something similar to the calculation already explained about the Salary Balance.

Awards and PLR

In addition to the salary , vacation and thirteenth balance , the employee who resigns must also receive the awards to which they are entitled, and this includes Profit and Results Sharing. 

The PLR ​​can be provided for in the Collective Agreement, or be spontaneously agreed by the employer as a way of rewarding the employee’s work that resulted in a profit for the company.

If PLR is provided for in your employment contract, an employee who leaves the company before the date of distribution of profits is entitled to receive the proportional portion of that amount according to the number of months worked in the year.

Advance notice discount

If the employee is to comply with the prior notice, no discount will be made on termination . But if he chooses not to work the 30 days provided for in the notice, then it is necessary to discount the amount of the prior notice in the termination.

The notice has the value of a monthly salary. The base salary for the calculation must take into account the averages of the last 12 months of variable remuneration and additional ones .

Always consult your collective agreement in case of doubts about what values ​​should be included in your averages, as some collective agreements have special provisions.

Some unions authorize non-compliance with the notice if the employee already has another job in view. In that case the company cannot discount the notice.

Remembering that in the case of resignation , there is no special notice, that is, that notice proportional to the time the employee worked at the company. The notice period will always be 30 days.

But what about FGTS and unemployment insurance?

When he resigns, the worker has no right to withdraw the FGTS and does not receive a company fine on him. He also does not receive unemployment insurance, as he has stopped working of his own accord.

Important : The resignation requires care both from the employee, who must communicate it correctly and deliver the letter of termination, and from the company for the correct calculation of the termination amount to avoid any problems and labor lawsuits.

Are there special terms and conditions with the resignation?

After accepting the resignation request and calculations related to the termination, the company must follow the same deadline stipulated for the cases in which it dismisses an employee, being:

  • Up to one business day, if the professional has complied with the prior notice;
  • Up to 10 calendar days, from the date registered in the resignation request, if the employee has not complied with the prior notice.

The term may seem like mere bureaucracy, but it is supported by the current laws of the CLT. If the company misses one of these ex-employee payment dates, fines may be imposed on the contractor

What if I quit during the trial contract?

The experience contract is established by the company for the employee and can last up to a maximum of 90 days . In the same way that the company has the right to dismiss the employee in that period, the professional can, yes, issue his intention to leave the workforce.

Thus, if the resignation is made, the person is entitled to receive:

  • Salary balance;
  • proportional thirteenth;
  • proportional vacation.

Now, it should be noted that the resignation made during the trial contract is not necessary to demand the fulfillment of the notice. After all, the measure serves as a contract conclusion with no established date bases, which is not the case for the trial contract period.

What are the rules for dismissal by mutual agreement?

The dismissal by agreement is a new type of shutdown brought about by the labor reform. It happens when the employee and the company enter into an agreement to show that the dismissal process is going amicably .

This practice eases the payment of severance payments such as the FGTS, for example. Instead of receiving 40% of the fine, the employee receives 20% and can withdraw up to 80% of the available balance. In return, he is not entitled to unemployment insurance.

Upon dismissal by mutual agreement, the worker also receives half of the amounts related to prior notice, holidays and the thirteenth salary. 

Why is there a termination interview?

The dismissal process does not have to be an unpleasant time. It is possible to learn valuable lessons for both parties through a termination interview .

By understanding what were the reasons why the employee wanted to resign , the company can assess its organizational culture and review the talent retention processes in order to lower turnover rates 

For the future ex-employee, this is the time to be heard and show in a sincere way how the company can improve the corporate environment for current and future employees.

And the dismissal exam on the resignation, how is it?

The dismissal exam is mandatory , regardless of how the employment contract was terminated.

It allows you to verify whether or not the employee is prepared for the dismissal process, checking if any health problems were developed during their service. In this way, the safety of the company and the employee are guaranteed.

 

If you want to make or received a resignation, carefully read all the information described above and know the rights and duties applied to the employee and the employer.

It is very important to consult collective agreements and conventions to check specific rules and reduce the chances of errors.

 

Leave a Comment