Learn how the notice period works

Certainly, you’ve heard the term “notice period,” which applies when an employee leaves a company without just cause.

In addition to being a transition period for the employee’s departure, it’s also an important time for the company to conduct a selection process or even reorganize the employee’s duties to prevent delays in the area’s routines. For the employee, this period can also be useful for finding a new job.

This is not a simple topic, so we’ve gathered some information to help you.

Key Points to Consider About the Notice Period

First of all, if you own a business and need to terminate an employee, you must inform them at least 30 days in advance. The same period applies to an employee who wishes to leave the company.

It’s also important to note that 3 extra days can be added for each full year of work. This means that an employee who has been with the company for 10 years and resigns will need to add 3 extra days for each full year worked, in addition to the standard 30 days.

So, in the case above, the notice period would be 60 days.

For example, two situations may arise regarding how the notice period works:

When the termination is initiated by the company or when it’s by the employee.

In both cases, the company must decide if the employee will need to work during the notice period or if they will be dismissed from this requirement.

There are 3 types of notice periods: Worked, Indemnified, and Served from Home.

Understanding Each Type of Notice Period: Worked Notice Period

The employee will continue performing their duties in the company; however, there are some specific conditions: if the company terminates the employee, they may require them to work for 30 days, but the employee can either work two hours less each day or choose to leave seven days before the notice period ends.

Indemnified Notice Period

In this case, there is no requirement to work; however, certain conditions apply: if the company dismisses the employee and does not require them to serve the notice, they must pay the full salary for the period.

If the employee resigns and does not work for 30 days, they must pay a termination fine equivalent to one month’s salary. This payment is optional for the company, which can decide whether or not to charge the employee.

Notice Period Served from Home

This type of notice period is not established by law, but it is used mainly in mutual termination agreements where the company requests that the employee serve the notice period but allows them to do so without coming into work.

Are There Situations Where the Notice Period Does Not Apply?

The notice period is an important legal tool that ensures security and stability in labor relations. Generally, whenever an employer or employee decides to end the employment contract, the notice period must be observed. However, there are specific circumstances where it may be waived:

Termination with just cause;
Employee requests waiver of notice period;
Agreement between both parties;
Dismissal during the probation period;
Indemnified notice period;
Employer waives the employee from fulfilling the notice period;
Situations of force majeure or calamity; or
Mutual early termination.

Conclusion

Although the notice period is a common practice in labor relations, its application may be waived. The situations listed above are examples where the notice period may be exceptionally exempted.

It is important to note that these regulations are established in labor laws and should be observed carefully to avoid conflicts and ensure that the rights of both parties are preserved.

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