Letter of resignation: 5 templates for you and your company to use
by Team AllYourVideogames | Aug 11, 2022 | Entrepreneurship |
A resignation letter it is the formal, mandatory and anticipated communication when you want to end an employment relationship. Today we are going to talk about the 5 different types of resignation letter and when each should be used.
Letter of Dismissal: What is it?
A letter of resignation, also known as prior notice, is an obligation provided for in labor relations governed by the CLT, when one of the parties wishes to terminate the employment relationship established by the employment contract.
The purpose of the termination letter is to inform, in a timely manner, for the other party to plan the new reality. Both worker and employer must communicate their desire to terminate the employment contract by means of a letter of resignation.
The formality of communication is so serious that some companies or unions ask for a handwritten letter of resignation.
It is worth remembering that: the burden of prior notice is on those who deliver a letter of resignation. The advance notice can be worked or indemnified. When worked, it means that the requesting party will maintain the employment contract for at least another 30 days.
When indemnified, the claiming party will indemnify the amount of one salary (minimum) to the other party. That is, if the employer requested the dismissal by indemnifying the notice, he will pay his employee an extra month in his severance pay.
Otherwise, if the employee requested termination, the employer may deduct 30 days of salary from their severance pay.
The discount cannot be applied only if the employee already has a new job in another company.
For more information on the topic, it is worth checking out the 2022 labor reform.
Learn more: 10 ways to have a super committed home office team
resignation letter for employees
The choice of the resignation letter model will depend on who left the desire to terminate the employment contract and whether the applicant will comply with the notice by working or indemnifying.
Every resignation letter must contain some information that is strictly personal, such as: company name, name of the employee, position held, date of request and type of prior notice.
The models listed below are the situations in which the employee breaks the employment relationship, that is, when he resigns from the company for personal reasons and leaves his position at the disposal of another professional.
Letter of resignation with prior notice worked
In this model of resignation letter, the employee communicates that he wants to work for another 30 days. The feature of this advance notice allows the company more time to recruit another professional. Check below the model of this type of resignation letter with prior notice worked.
Letter of resignation with indemnified notice
Let's assume my shutdown request is urgent. In this case, the employee will indemnify the company, for the fact that it will not be possible to work for another 30 days. The indemnity corresponds to the deduction of the value of one month's salary from their severance pay. Below is a sample of this type of resignation letter with indemnified notice.
Letter of resignation with request for waiver of notice
This resignation letter template is widely used for situations where the employee already has a new job. It is essential to inform in your resignation letter about the new job, because the legislation provides that the company must not discount the prior notice in its termination.
For the waiver of prior notice to be accepted, it is necessary for the employee to deliver a formal notice from the new contracting company, proving the new opportunity. Check below the model of this type of resignation letter with request for waiver of prior notice.
If you are thinking of submitting your resignation letter to the company you are a part of, you can choose one of these 3 templates that best meets your needs.
This letter must be delivered to the company's personnel department, in two signed copies. One copy will remain with the company and the other with the employee, after the company acknowledges receipt.
Waiver letter for companies
Just as an employee must deliver his letter, companies have the same obligation. If you are a business owner and you are thinking of firing an employee, the company should analyze which are the models of dismissal letter that will be adopted.
Employee dismissal letter with prior notice worked
Upon termination of the employment contract, the company may request that the employee work for another month. During this period, the employee is entitled to a reduction in their working hours.
This reduction is provided so that the dismissed employee has time to look for a new job during business hours.
The choice of one of these two options to reduce the available working hours must be included in the employee's dismissal letter, according to the model below:
Employee dismissal letter with indemnified prior notice
Now, if the company no longer needs the immediate collaboration of its employee, it can dismiss him through compensation. The prior notice will be compensated when there is no need for the employee to be available to the company after the communication.
In this case, the prior notice is compensated precisely for the employee's lack of prior knowledge that he would be fired. In addition, the indemnity guarantees that he can support himself financially until he looks for a new job.
The company must print the document in two copies. The collaborator must sign two copies. One copy will be with the company and the other with the employee.
The company's notice period will not always be just 30 days. This is because Law nº 12506 of 2011 added 3 days of notice for each year of the contract elapsed.
Therefore, the employer needs to be aware of the correct counting of the notice period.
Letter of resignation: is it mandatory to deliver?
As previously stated, the letter of resignation is a formality of the law. Nothing prevents the termination request from being made verbally between employer and employee.
It's okay to call your boss or your co-worker to talk. However, it will be necessary to formalize this decision in writing.
In addition, formalization in a written document signed by both parties prevents mistakes from happening.
When the two parties are aligned on the date of communication, the correct counting of the notice period is guaranteed, in addition to the discharge of severance pay within the legal term.
The rule here is to maintain good relations. Both work and especially with the legislation in force.
Everything done in accordance with the law guarantees the rights of everyone involved.