Whether it’s due to economic uncertainty or simply a desire to explore new opportunities, many people find themselves in a time of transition. That’s why it’s important to understand your rights in the event of a layoff!

After all, given this scenario, several doubts arise regarding the labor rights that protect workers.

Let's unravel the laws that govern dismissals and understand what your rights are at this time so that you don't end up without protection. After all, it's always good to know what we have in our favor, isn't it?

Firstly, it is important to highlight that labor laws are the compass that guides us when it comes to dismissal, ensuring that we are not at a loss and that we know what our rights are.

In other words, they are a set of rules that regulate the relationship between employees and employers. And when it comes to dismissal, they couldn't leave us in the lurch.

If you are thinking about resigning, there are some rights that you need to be aware of. For example, notice period. This is the time that the company must give you to prepare to leave. This way, both you and your employer have time to organize yourselves.

Ultimately, labor law is there to ensure that we don't lose out when we're laid off. Each situation has its own particularities, but it's important to know your labor rights.

When it comes to resignation, it is important to understand the difference between resigning and being fired. Resigning means that the employee takes the initiative to end the employment contract, while being fired means that the initiative comes from the employer.

In relation to labor rights, the difference is that in the case of resigning, the worker is not entitled to prior notice and cannot withdraw the FGTS (Service Time Guarantee Fund), unless there is an agreement between the parties. 

In the event of unfair dismissal, the worker is entitled to advance notice, the FGTS fine and unemployment insurance, if he meets the requirements to receive it.

However, in the event of dismissal for just cause, the worker loses some rights, such as the FGTS fine and the right to unemployment insurance. 

Therefore, it is essential to understand the differences and know what the labor rights are in each case.

When a layoff happens, it is super important to know what rights the employee has. After all, no one wants to leave empty-handed after putting in time and effort into a job, right?

If the dismissal occurs without just cause, that is, when the employer decides to dismiss the employee without any serious misconduct committed by him, the employee is entitled to some benefits. 

In addition, we have the 40% fine on the FGTS, which is a fund where the employer is required to deposit every month into an account linked to the worker. 

In the event of unfair dismissal, the employee must pay a fine corresponding to 40% of the balance deposited in this account. Therefore, it is extra money that the employee receives to help with this transition.

Now, if the dismissal is for just cause, the rights are a little different. When the employee commits a serious offense, such as theft, assault or abandonment of employment, the employer can dismiss him for just cause. 

In these cases, the worker loses some rights, such as the 40% fine on the FGTS and the advance notice. However, he is still entitled to the remaining salary and proportional vacations, if any.

It is important to remember that, in both the case of dismissal without just cause and dismissal for just cause, the employee has the right to withdraw the FGTS accumulated during the period of employment. 

Therefore, when a worker is dismissed without just cause, he or she is entitled to the remaining salary, proportional vacation, proportional thirteenth salary, a fine of 40% on the FGTS and withdrawal of the FGTS. 

In the event of dismissal for just cause, the person is only entitled to the remaining salary and proportional vacation, if applicable.

Notice period is a period of time that must be observed by both the employee and the employer when a dismissal occurs and is part of labor rights.

It serves to ensure a smoother transition and a chance to prepare for departure.

When an employee decides to resign, he or she must give the company advance notice. The notice period may vary depending on the length of service at the company. 

Normally, it is 30 days, but in some cases it may be longer, depending on what is provided for in labor law or the employment contract.

When the employer decides to dismiss the employee without just cause, he or she must also give prior notice. If the employee has worked for the company for up to one year, the prior notice period will be 30 days. 

However, if he has more than one year of service, for each full year three more days are added to the notice period, up to a limit of 90 days.

Now, you may be wondering: “What if the employee or the employer does not want to serve the notice period?” Well, in these cases, there is the option of paying the amount corresponding to the notice period instead of serving it. In other words, the notice period is compensated.

It is important to remember that during the notice period, both the employee and the employer continue to have their rights and obligations as normal, even if the dismissal has been agreed. It is an opportunity to organize the transition and finalize any pending issues.

Therefore, the advance notice is a measure that aims to provide a more planned exit for both the person resigning and the person being fired. It gives both parties a margin of time to adjust before going their separate ways.