Nowadays, changing jobs throughout life is common. Therefore, it's important that employers and employees are aware of the dismissal process and the role each party plays. 

What is a resignation letter? What are the rights of an employee and a company in a dismissal situation? These and other questions are taken into account when considering leaving a job. In this article you will learn more about this topic.

How to write a resignation letter?

A resignation letter should include the following information:

• Company name and address;
• Date;
• Name and position of the letter recipient;
• Information indicating your intention to terminate the contract;
• Date from which the dismissal will take effect;
• Your name and signature.

What to do after receiving a dismissal letter.

Upon receiving a dismissal letter, the employer has 30 days to proceed with the dismissal. This communication must be made in writing, with all the necessary information completed. 

Employee rights in case of dismissal.

Os workers' rights Upon being dismissed, the rules stipulate that the employee should receive the equivalent of the minimum annual training hours not completed. There is also the option of receiving credit for training hours up to that date. 

Employer's rights in case of dismissal.

Regarding rights, the employer also has some claims in the event of dismissal. The employer has the right to know in advance that the worker is going to resign, and the reasons why they are leaving the job. 

Difference between dismissal with just cause and dismissal without just cause.

Dismissal for just cause occurs when the employee wishes to resign or the employer wishes to dismiss an employee. If the employee resigns, they do so in cases of violation of workers' rights or improper conduct on the part of the employer. 

In situations where the employer is the one making the dismissal, this can happen in situations such as:

• Failure to comply with workplace health and safety regulations;
• Unjustified absence from work for five consecutive days or 10 intermittent days;
• Drastically reduce productivity;
• Between others. 

I was fired. Am I entitled to compensation?

A compensation Dismissal by dismissal occurs in very specific situations, such as:

• Collective dismissal;
• Termination of an open-ended employment contract;
• Termination for just cause by the employee;
• Job elimination;
• Company closure;
• Dismissal due to unsuitability.

Legal deadlines for payment of severance pay.

For each employment period, there are specific deadlines. If the contract lasted six months, the deadline is seven days; if the contract lasted from six months to two years, the deadline is 30 days. 

In cases where the contract lasts more than two years, the deadline is 60 days. 

Right to notice period upon dismissal.

The employer must give sufficient advance notice of their intention to dismiss an employee. There are specific timeframes to be met for this, which vary depending on the length of time the company has been in business. 

The total of 15 days applies to an employee with less than one year of service at a company; for employees with one to five years of service, the period is 30 days. Finally, for employees with 10 years or more of service, the period is 75 days. 

How to calculate severance pay in cases of dismissal with and without just cause?

Calculating severance pay A worker's performance depends on employee's base compensation amount and of degree of unlawfulness of the employer's conduct. 

The lower the base pay, the more illegal the worker's behavior.

How do severance payments work in collective dismissals?

Collective dismissals occur when employment contracts are terminated within a period of less than three months. In the case of micro-enterprises, it is considered a collective dismissal when two workers, or fewer than 10, are dismissed.

What is the role of a lawyer in cases of dismissal and compensation?

The presence of a labor law attorney In a contract termination process, it can offer several advantages for both employers and employees of a company. 

In the case of companies

Regarding companies, a lawyer helps the employer manage the termination process in the best way possible, ensuring it occurs within legal parameters and without harming either party.

In the case of a worker

When an employee is dismissed, there are rights they should be aware of. For this, a lawyer is essential to provide proper support throughout the case and assist the employee in fighting for their rights and compensation in a situation of unemployment. 

How can a lawyer help in the process of contesting a dismissal?

A termination letter is an essential tool for an employer to dismiss an employee in a clear manner, thus avoiding legal action from the employees.

For this reason, the presence of a lawyer is essential, so that the resignation letter is properly filled out and protects the interests of the parties involved, always within the law. 

O Lawyers in Braga We have the best professionals in the field of labor law who can assist you! 

Conclusion 

In cases of workplace abuse, workers have the right to dismissal for just cause. In these and other situations, those who leave a job are entitled to compensation. 

However, employees also have duties towards their employer, namely giving prior notice of dismissal, which varies depending on the length of service. 

A resignation letter is an essential document in the dismissal process, and for this, the help of a legal professional is crucial.