In this post, we will explain the main causes that lead an employee to resign and what the company’s obligations are to formalize the dismissal, in addition to good practices such as the dismissal interview .
In addition, we will present the employee’s duties should this occur. Finally, understand how to calculate the termination of the employment contract correctly, according to the labor legislation. Check out!
Why do people quit?
There are numerous reasons for an employee to resign . Regardless of whether it is something personal or professional, the reasons represent the employee’s will and must be respected.
Furthermore, none of them must pass the judgment of peers or superiors.
For the opportunity to have a permanent position
Often, the employee works on a temporary or part-time basis. In that case, the desire for a full-time position or effective hiring may lead you to change jobs.
To resume studies
The desire to study and qualify is also one of the reasons that lead employees to submit a resignation.
because you found a new job
Many people are afraid of “changing the right for the doubtful”, but receiving a good salary offer with the possibility of growth is one of the reasons why professionals resign.
Being in a hostile environment
Toxic and highly competitive environments can undermine employee productivity and mental health. So, resigning in search of fresh air may be the best choice. Top reasons why employees leave their jobs
Because he doesn’t like the work he develops
When the professional no longer enjoys what he does, he has a good reason to resign.
For wanting a career change
Sometimes, after years of dedicating themselves to the same activity, the professional may look forward to new challenges. In this case, you decide to change careers and do something different in another area or sector.
Due to incompatibility of schedules
Incompatibility of time is a legitimate reason to resign, especially if the employee has already talked to the superior and was not successful in solving the problem.
because you need to change city
Here, the ideal is to talk to the head in an attempt to work remotely. When this is not possible, the alternative is to resign.
Due to illness in the family
A sudden illness of a family member — or even the employee himself — can make the person need to stop working. In these cases, find out about health insurance or other benefit granted to the worker.
To follow your intuition
It is not uncommon for the reason for a resignation to be nothing concrete, but just a feeling that time in that company is over.
Finally, these are just a few reasons that lead an employee to resign, but there are many others and each case is different.
What are the employee’s obligations?
Regardless of the reason that leads an employee to ask to leave the company, he/she has some obligations to fulfill, mainly bureaucratic ones. Top reasons why employees leave their jobs
It is an instrument used by the worker to formally communicate to the employer the decision to terminate the current employment contract.
The resignation letter is a resource that can be used regardless of the reason(s) that led the employee to resign.
But there are cases in which the company, knowing the worker’s will, decides to anticipate and terminate the contract. The legislation does not veto this practice, but it directs that the dismissal be as positive as possible for both.
The resignation letter is one of them and it can be of two types:
- letter of resignation with notice;
- resignation letter requesting waiver of prior notice.
This document must be handwritten, dated and signed by the employee, in duplicate. The model can be requested from the company’s personnel department or easily found on the internet.
Finally, when communicating the dismissal through the resignation letter, the company begins to prepare the termination of the employment contract.
Prior notice is a guarantee established by art. 487 of the Consolidation of Labor Laws (CLT).
CLT defines that the resignation request must be informed at least 30 days in advance, until the employee is actually dismissed from the company.
This 30-day period between the time the employee communicates his resignation and his official departure is the time necessary for the company and employee to prepare.
In the case of the company, it needs to open a selection process and hire a replacement for the position. For the worker, it’s time to find a new job — if you don’t already have one. Here, there are three types:
- worked prior notice: when the employee undertakes to perform their duties normally in the company during the 30 days;
- indemnified prior notice: when there is no need to work during the period;
- notice given at home. Top reasons why employees leave their jobs
When the company requests compliance with the notice, but the employee does not want (or cannot) do so, he must bear a fine referring to the 30 days that were not fulfilled.
Although this condition is provided for in art. 487, it is optional and it is solely and exclusively up to the company to follow or not this right. Another detail: the period cannot be reduced in the workload.
Although not mandatory, the dismissal interview is an important action for the company, as it helps managers understand the reasons that led the employee to resign in order to try to reduce turnover .
Thus, with the information obtained in the interview, the leaders are able to reassess the organizational culture , adopt measures to retain talent and seek to motivate teams .
What are the company’s obligations?
After receiving the resignation, the company must comply with obligations provided for in the legislation, with special attention to the proposed changes in the labor reform.
Here, it is worth noting that she will remain responsible for the employee’s work situation until his/her complete dismissal.
As with admission , the employee must pass the dismissal exam, carried out by specialists in Occupational Medicine. This obligation of the contracting party is expressed in art. 168 of the CLT.
The purpose of this clinical examination is to assess the worker’s physical and psychological health, to attest whether he is healthy and, therefore, able to leave the company.
If the employee does not pass the dismissal exam, he/she must undergo appropriate medical treatment and undergo a new evaluation later. Top reasons why employees leave their jobs
But if approved, the labor doctor must issue two copies of the Occupational Health Certificate (ASO). One of them stays with the company and the other belongs to the worker.
Deadlines for payment of severance pay
The company’s second obligation is the payment of severance pay. The Labor Reform determines that they must be paid within 10 calendar days from the date of termination of the contract.
This is regardless of the type of notice or who took the initiative for the dismissal.
In case of non-compliance with the deadline, the contracting company must pay a fine equivalent to the employee’s salary.
How is termination calculated?
When the employee decides to leave the company, he/she will be entitled to receive the salaries that we will see below.
Monthly salary (proportional)
Corresponds to the days worked during the month in which the company leaves the company.
Thus, if the employee formalizes a resignation with 20 days worked, for example, he will receive the salary balance for that period.
13th salary (proportional)
It must be calculated proportionally to the months in which the employee worked for more than 14 days. It is important to remember that each month is worth 1/12 of the 13th salary.
Therefore, the calculation of the value must correspond to the number of months worked since the last payment.
In practice, it is enough to divide the salary value by 12 and multiply the result by the number of months that were worked. Also, if the employee has worked for more than 14 days, that period counts as a full month.
This is the vacation that the employee was already entitled to — having worked 12 consecutive months — but has not yet enjoyed. Therefore, they must be paid normally, with an addition of 1/3. Also, if the employee took a partial vacation, he/she must also receive for the days not yet used of the current vacation balance. Top reasons why employees leave their jobs
Refers to the amount of months elapsed between two vacations. It is calculated by multiplying the salary value by the number of months worked.
Then, the result is divided by 12 — since every 12 months of service, the employee is entitled to 30 days of paid vacation. At the end, add 1/3 to the obtained result.