Resignation during vacation: what Brazilian labor law says

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Did you know that resigning while on vacation can raise questions about your labor rights? It is common for employees to reflect on their careers and make important decisions during their vacations.

However, if you are thinking about resigning while you are on vacation, it is important to understand what Brazilian labor laws establish for this situation. Continue reading this text to learn about your rights and obligations in the event of resignation during employee vacation .

Check below whether the law allows you to resign at this time and what the notice period is in this situation. Also, see what you should receive if you no longer want to return to work after your vacation. Follow this article and learn about all your rights.

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What does the CLT say about resignation?
Check below what the CLT says about resigning during vacation :

The CLT states that the worker can resign at any time, including bahrain whatsapp list during vacation;
Prior notice is mandatory for both the employer and the employee and must be complied with in full, otherwise the offender may have to pay compensation to the other;
If the employee decides to resign during the vacation, he/she must notify the company in writing and serve the notice period from the end of the vacation;
The employer may deduct from the termination settlement the amount corresponding to the vacation days not taken by the employee who resigned;
If the employee is entitled to receive proportional vacation, the amount must be paid together with the other severance payments.
It is important to remember that, although the CLT allows resignation during vacation, the company can establish its own rules in its employment contracts or collective agreements, as long as they do not violate labor laws.

How do I submit my resignation during my vacation?
To resign during the vacation, the employee must formally notify the company through a written document, such as a resignation letter.

It is important to follow the company's legal procedures and labor law. This ensures that the termination of the contract is done correctly.

Can the company fire someone during the holidays?
According to the CLT, during the rest period, i.e. vacation, the contract between employer and employee is interrupted. Therefore, the employee can resign during vacation, but the company cannot fire him. However, there is no illegality in firing an employee as soon as he returns from the rest period.

Is dismissal beneficial to the company?
Any employee can resign while on vacation or at any other time during their working hours. This is part of everyday life in an organization.

Turnover, when maintained at a healthy level, tends to benefit the business with new ideas coming from new employees.

It is worth noting that when turnover is excessive, organizations tend to suffer a significant loss of productivity. The areas connected to these employees may even suffer from work overload. Not to mention the financial losses from successive urgent or emergency hiring, training and dismissal processes.

BR - INBOUND - Guide - CLT
You can give advance notice during the holidays
If an employee is on vacation when the company decides to fire him/her, the question of whether it is possible to give notice during the vacation is common.

Below are the key points of Brazilian labor law that apply to the dismissal of employees during vacation:

The employer may give notice to the employee during the vacation, as long as the employee is notified.
The notice period, even if given during vacation, must be counted as service time.
The employee is entitled to receive proportional holiday pay and remuneration for the notice period.
If the company chooses to pay the severance pay immediately after the end of the vacation, it must compensate the employee for the days of notice not served.
Therefore, the employer can give notice during the employee's vacation, as long as he informs the employee of the dismissal. This can happen even during the rest period.

It is important to remember that the employer must count the notice period, even if given during vacation, as time of service, and must pay the employee the due termination payments.