Resignation in Brazil: what you receive, notice period and how to leave without losing rights

Those who resign are entitled to the salary balance, accrued and proportional vacation with 1/3 and the proportional 13th salary. They do not receive the 40% FGTS penalty, cannot withdraw the FGTS balance and have no unemployment insurance. They must also work a 30-day notice period or have the amount deducted, unless the employer waives it. Before resigning, it is worth considering whether the case is one of constructive dismissal.

Quick summary

• Receive: salary balance, accrued and proportional vacation + 1/3, proportional 13th salary.
• Do not receive: 40% penalty, FGTS withdrawal (FGTS is the Severance Indemnity Fund), unemployment insurance.
• Notice period: 30 days worked; if not worked, the employer may deduct it (CLT, art. 487, §2 — the CLT is Brazil's Consolidated Labor Laws).
• Release from notice: can be negotiated in writing.
• Payment deadline: 10 days after the end of the contract.
• Pregnant or protected employees: resignation requires assistance from the union or the labor authority (art. 500).

Before resigning, consider

1. Did the employer commit serious misconduct? Late wages, undeposited FGTS or harassment may justify constructive dismissal, which guarantees the amounts of a dismissal without cause.
2. Is an agreement possible? In termination by agreement, you receive half the notice, a 20% penalty and withdraw 80% of FGTS.
3. Do you have job security? Pregnant and injured workers should seek guidance first — see Job security.

Step by step

1. Resign in writing, with the date, and keep a copy signed by the employer.
2. Agree on the notice: work the 30 days or ask in writing to be released.
3. If you have a new job, say so — many employers waive the rest of the notice.
4. Check the TRCT (termination form) and payment within 10 days — see TRCT.
5. Check the termination entry in the Digital Work Card.

Frequently asked questions

Do those who resign lose their FGTS?

They do not lose it: the balance stays in the account and can be withdrawn in other legal situations. It is just not released on resignation.

Can I withdraw my resignation?

Withdrawal depends on the employer's agreement, if done during the notice period (art. 489).

If I don't work the notice, how much is deducted?

Up to one month's salary (30 days), from the severance amounts.

Read more in this series

• Termination by agreement (art. 484-A)
• Constructive dismissal
• Notice period: worked or paid in lieu
• Severance pay: what you receive for each dismissal
• Index: complete guide to labor rights