Decided to change jobs - but do you really know how many days notice you must give? What can you negotiate? What do you receive when you leave? This guide answers everything.
Before Doing Anything: Check Your Contract
Before submitting your resignation letter, make these three checks:
- What type of contract do you have? (permanent, fixed-term, uncertain-term, probation)
- How many years/months have you been with the company?
- Does your contract or collective agreement have special notice clauses?
How Many Days Notice Must You Give? - Complete Table
Permanent Contract (most common)
(Article 400 of the Labour Code)
| Seniority | Notice Period |
|---|---|
| Less than 2 years | 30 days |
| More than 2 years | 60 days |
| Management/board positions* | Up to 6 months |
Fixed-Term Contract
| Contract Duration | Notice Period |
|---|---|
| Less than 6 months | 15 days |
| 6 months or more | 30 days |
Uncertain-Term Contract
| Contract Duration | Notice Period |
|---|---|
| Less than 6 months | 15 days |
| 6 months to 2 years | 30 days |
| More than 2 years | 60 days |
Probation Period
During probation, no notice is required. You may leave at any time without justification or penalties.
⚠️ Note: Notice days are always calendar days, not business days.
What Happens If You Don't Comply With the Notice Period?
If you leave before the legal deadline without the company's agreement, you must pay compensation equal to the base salary for the remaining period.
How to Submit Your Resignation Letter - Step by Step
1. Write the letter
The letter must include: full identification, company details, clear resignation statement, intended exit date, and handwritten signature.
2. Deliver it properly
✅ Registered letter with acknowledgement of receipt (recommended)
✅ Hand delivery with protocol
❌ Do not send by email only
What Can You Negotiate?
The notice period is negotiable if both parties agree.
- ✅ Early departure
- ✅ Use holidays to shorten the notice period
- ✅ Mutual termination agreement
- ❌ Accrued holiday pay and proportional allowances cannot be waived
What Do You Receive When You Leave?
| Entitlement | Calculation |
|---|---|
| Monthly salary | Days worked in the exit month |
| Unused holidays | Accrued and unused holiday days |
| Proportional holiday allowance | Proportion of months worked in the year |
| Proportional Christmas allowance | Proportion of months worked in the year |
Are You Entitled to Unemployment Benefits?
Generally: NO. Voluntary resignation without just cause does not qualify for unemployment benefits.
Exception: If you resign with just cause (e.g., unpaid salary for 60+ days, harassment), you may retain unemployment benefit rights.
Can You Change Your Mind After Submitting the Letter?
If the letter does not have notarial certification, you may withdraw within 7 days of receipt by the employer (Article 397).
Sources: Portuguese Labour Code (Law 7/2009), Articles 241, 340, 394, 395, 397, 399, 400 | Social Security
Article prepared by Grupo YOUR for informational purposes. For specific situations, consult a lawyer or HR specialist.
