Anyone who resigns without giving notice may have a month's salary deducted
According to O Antagonista, the employer can withhold a full salary from severance pay when the employee does not serve the 30-day notice period.
BY THE X-TRADER NEWS NEWSROOM · REPORTING FROM O ANTAGONISTA · 2 MIN
Anyone who resigns to start at another company the next day may be in for a surprise at the final settlement. According to O Antagonista, the refusal to comply with the 30-day notice period allows the employer to deduct an entire month's salary from the severance pay.
The basis cited by the vehicle is Article 487 of the CLT, which sets the notice period for the employer to find a replacement. According to the description of O Antagonista, when the worker fails to meet this deadline, the company can withhold the amount equivalent to 1 full monthly salary. The discount comes from the settlement itself, and is not included as a separate charge.
In the calculation, proportional holidays, the proportional 13th salary and the balance of days worked in the month are deducted. The discount has a limit: it cannot exceed the total amount to be received upon termination, so the company does not leave the worker with a debt balance. The vehicle illustrates with funds of R$2,500 and a salary of R$3,000. In this example, the discount resets the settlement and the remaining R$500 is not charged.
According to O Antagonista, there are two ways to avoid losses. The new company can pay for the notice period or cover the amount, at the worker's request. The other path depends on the former boss: if he formally accepts the new job letter, signed by the parties, the discount is not charged.
Without this formal signed agreement, the full discount remains valid. For the worker, the central point is formalization, because the signed letter separates a cost-free departure from a deduction of one month's salary. For those who advocate a more predictable hiring environment, the case shows the importance of leaving rules known to both sides before resigning.
What changes for the investor
The report does not provide data on balance sheets or mention listed companies, so the topic does not directly change results. Even so, he touches on the cost of turnover and the predictability of dismissal funds, two points that can be included in the analysis of companies with a lot of personnel change. In an environment where the exit rule is clearer, people management tends to have less uncertainty about dismissals. This text does not provide a purchase or sale recommendation and does not project asset prices.
Automatically translated from Portuguese.
