Rights on resignation
The employee receives the salary balance, pro-rata 13th salary, and accrued and pro-rata vacation plus 1/3 (TST Precedent 261). There is no FGTS withdrawal, no 40% penalty and no unemployment insurance. The FGTS balance stays in the account.
Notice
The employee must serve 30 days of notice. If the employer waives it, nothing is deducted. If the employee does not serve it, the employer may deduct one month's salary (CLT art. 487, §2).
Example
Hired 10/03/2024, last day 30/09/2026, salary R$ 2,500, notice served: net severance R$ 5,974.33. Without serving notice it would drop to R$ 3,474.33.
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Frequently asked questions
Is resigning or a mutual agreement better?
If the employer accepts, a 484-A agreement is usually better for the worker: half the notice, a 20% penalty and withdrawal of 80% of FGTS.
Informational content based on the CLT and TST case law. Not a substitute for advice from a lawyer or union.