Notice period worked: Rights and obligations to be fulfilled

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Did you know that breaking the notice period can have negative consequences for the employee's professional career? Although it is often a common practice, this action can result in complications, such as the loss of labor rights and even damage to professional reputation.

In this way, the notice period is a crucial period for both the employee and the employer, as it provides time to organize themselves before the end of the employment contract . Failure to comply with this deadline may result in the employee having to pay penalties, while the company also faces difficulties in reorganizing its team.

Now, if you want to know more about this topic, keep reading!

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What is the worked notice period?
Firstly, the advance notice period is a right of the employee when he decides to resign or when the company decides to dismiss him. It means that, instead of leaving immediately, the employee must give advance notice, completing a period of time at work before leaving.

Second, this period is usually 30 days , but it can be longer depending on how long the employee has worked for the company. During this period, the employee continues to work normally and receive their salary. If the company or the employee fails to comply with the notice period, there is financial compensation, that is, the party that fails to comply pays the other.

In short, this is a way to ensure that both the company and the employee have time to organize themselves before the final dismissal.

What happens when an employee breaks their notice period?
When an employee breaks their notice period, the company may face difficulties in reorganizing the team and may lose time and resources invested in the transition. Unexpected absences can affect the continuity of processes and productivity.

Furthermore, it can generate labor disputes if the employer decides to discount the days not worked, which can result in extra costs. Finally, this situation can harm the company's image , making it less attractive to future candidates.

In the case of the employee, this can generate a bad reputation in the job market. Since companies usually value the ethics and commitment of professionals, and by failing to comply with a basic rule like this, you may be seen as someone who is not trustworthy or committed.

Now that you know the possible negative impacts of this practice, continue reading to learn more about your rights and duties during the worked notice period.

Is it possible to resign after giving notice to the employee?
However, doubts often arise about the possibility of resigning after having given the employee the worked notice period . The issue is that the employer expresses his intention to terminate the employment contract, and the employee has the right to serve the worked notice period or opt for compensation.

But what if the employer or employee changes their mind during the notice period? Is it possible to quit after giving notice to the employee?

According to Brazilian labor law , both the employer and the employee have the right to waive the notice period during its fulfillment. This waiver is known as “ breach of notice ” and can happen for several reasons, such as reconciliation between the parties, negotiation of new working conditions, among others.

It is important to emphasize that the breach of the notice period worked by the employee must be formally communicated to the employer, to avoid any type of irregularity or possible legal consequences. The employer, in turn, can also waive the notice period, but must communicate his decision to the employee.

However, it is worth noting that the employee's failure to give prior notice does not exempt him from the responsibility for payment of the days worked up to the date of termination. The employer must still bear the labor rights and compensation owed to the employee, as provided for in current legislation.