What is the employee entightled to when he asks for demisao?
I would like to ask what is the employee entightled to when he asks for demisao, ie he quits without notice and just leaves.
When he asks for demissão he is entitled to:
- aviso prévio de 30 days + 3 days per year he worked for you
- unpaid salaries
- percentage of 13th month
- percentage of holidays
- hours in "banco de horas"
If the employee does not give the employee the aviso prévio, the employer can withhold one the wages for the period from the other amounts he is entitled to.posted
Well, in theory, the employee is expected to communicate the employer about his plans of leaving the company 30 days before he actually leaves (the employer is obliged to communicate his employee or pay a one month salary, instead). But what really happens in most cases is to have the employee simply saying that from tomorrow on, he's not coming to the office anymore because he has got a new job. Of course, this depends a lot on the relationship between employer and employee, but in most cases, this is how it happens. And as far as I know, there is no formal punishment for the employee who leaves his job without any prior notice.posted
Of course there is a punishment.
He'll be fined 1 months pay, to be deducted from what he's entitled to: 13nd month, holidays last months pay.posted