What What do I get if I resign during the trial period?

The probationary period in a new job is crucial for both the employee and the company, providing a period of mutual adaptation. It's the time to determine whether the employee fits the company's profile and is capable of performing the task.

However, this adjustment doesn't always go as expected, leading some employees to consider resigning during this period. Similarly, the company may consider laying off the employee.

If you're facing this situation, it's essential to understand your rights and rules. So, read our article to find out what you'll receive if you resign during your probationary period.

How does the trial period work?

A trial contract is a type of fixed-term contract, designed to assess the employee's adaptation to the new work environment.

According to Brazilian law, this contract can last up to 90 days, providing time for both the employee and the employer to assess the compatibility between expectations and the reality of the position.

During this period, the employee has the same rights as those hired for an indefinite period, including salary, transportation vouchers, meals, overtime, among other benefits provided for in the Consolidation of Labor Laws (CLT).

Can I be fired during the probationary period?

Yes, it is possible to be fired during the probationary period. This type of contract allows both parties to terminate the employment relationship without the need for specific justification.

The probationary contract is governed mainly by the Consolidation of Labor Laws (CLT) and Law No. 9,029/95, which prohibits discriminatory practices in employment relationships, including the probationary period.

However, it is important to emphasize that this dismissal must follow the legal procedures established by the CLT.

For what reasons can I be fired during the probationary period?

As we've shown, it's possible that you could be fired even while you're still on probation. What you need to understand are the reasons that lead to this type of dismissal so you know what you'll receive from the company.

Several reasons can lead to dismissal during the probationary period:

• Unsatisfactory Performance: An employer may dismiss an employee during the probationary period if it considers that the employee's performance does not meet the expectations or requirements of the position.
• Incompatibility with Company Culture: If the employee does not adapt to the company's organizational culture, the employer may choose to terminate the probationary period.
• Other Reasons Related to the Position: In addition to performance, other specific reasons related to the position, such as a lack of necessary technical skills, may justify dismissal during the probationary period.

Therefore, it is possible to see that you can be fired during the trial period and this is often related to the fact that the position is not ideal for you.

What if I resign during the probationary period? What are the rules?

Resigning during the probationary period is a decision the employee can make, but it's crucial to understand the rules governing this process. There are some important points to consider when requesting to leave the company.

The first concerns the Notice Period. Unlike unfair dismissals, notice is not required when resigning during the probationary period.

The employee may terminate the contract immediately, unless there are specific clauses in the employment contract indicating otherwise.

Furthermore, it's important to consider Proportional Rights. When resigning, employees are entitled to receive their wages proportional to the time worked. This includes a salary proportional to the period worked, proportional vacation pay, and a proportional 13th-month bonus.

However, it's important to understand that if an employee resigns during the probationary period, they are not subject to the 40% severance penalty on their FGTS (Future Fund). This penalty is more common in cases of unfair dismissal by the employer.

What do I get if I resign during the probationary period?

When deciding to resign during the probationary period, it's essential to understand the employee's entitlement to compensation and benefits. Here are the main points to consider:

• Proportional Salary: The worker receives a salary proportional to the time actually worked up to the date of dismissal.
• Proportional Vacations: Vacation proportional to length of service, calculated based on months worked.
• 13th Proportional Salary: The 13th salary is due proportionally, considering the length of service during the year.

What are my rights if I resign during the probationary period?

In addition to the proportional amounts mentioned, the employee who resigns during the probationary period has other rights that must be observed:

• FGTS Collection: The employer must collect the FGTS on the proportional salary.
• INSS Collection: INSS (National Social Security Institute) must also be collected on the amounts due.

How to calculate the termination of dismissal during the probationary period?

Calculating the severance pay for a resignation during the probationary period involves some important steps:

• Proportional Salary: Calculate your monthly salary divided by the number of days worked in the month. This will be your daily salary. Now, multiply it by the number of days worked to get your proportional salary.
• Proportional Vacations: Divide your vacation pay by 12. This will be your monthly pay. Now, check how many days of the month you worked to get the correct vacation calculation.
• 13th Proportional Salary: Just like vacations, divide the 13th by 12. Divide the result by the days worked in the month and, finally, multiply by the days worked.

Check if there are other benefits to which the employee is entitled, such as overtime, night shifts, among others.

Additionally, consider legal deductions, such as INSS and Income Tax, if applicable.

By understanding these rules and performing the correct calculations, both the employee and the employer can ensure a transparent dismissal process that complies with current labor laws. It is always recommended to seek legal advice if you have specific questions.

Some other questions about dismissal during the probationary period:

Now, see some of the main questions about dismissal during the trial period.

Is there unemployment insurance for those who are fired during the probationary period?

No. Anyone who is fired or resigns during the probationary period is not entitled to unemployment insurance, as they have not completed the minimum period required by law.

What are the deadlines for payment of severance pay during the trial period?

The deadline for paying severance pay during the probationary period is a key point. According to the law, the company has up to ten business days from the end of the contract to make the payment. Failure to meet this deadline may result in fines for the company.

If I resign during the trial period, do I have to pay a fine?

When resigning during the probationary period, the employee is not subject to paying a fine, unless there are specific clauses in the contract indicating otherwise.

If I am on probation, do I need to give notice?

No. Unlike dismissals under indefinite-term contracts, advance notice is not required when an employee resigns during the probationary period.