You want to get out of work where you are? Simulate how many days you have to “give to the house”

Nif the contract is terminated: The advance notice and the working time you must give the company depends on the number of years of your contract: 

“Do you intend to terminate your contract? You can do so at any time in your contract by means of written notice to the employer, with an advance varying according to the type of contract and seniority“, can be read on the website of the Working Conditions Authority (ACT). 

This is why ACT provides a “Communication simulator for termination of contract by the employee – by complaint“ that it reveals precisely when a contract of employment is terminated after the worker's complaint. 

“ This simulator was developed on the basis of legislation in force on 01/05/2023 not including legislative adaptations for the Autonomous Regions of the Azores and Madeira. The notice period shall start from the day following receipt of the communication by the employee or the employer. The deadline is counted as follows (with weekends and holidays)”, can be read on the ACT website. 

In addition, “for the purposes of calculating the notice period for the termination of the contract, the days are followed”.

“In the case of an uncertain term contract, for the purpose of counting the notice period the duration of the contract already incurred is taken into account”, notes ACT.

It is also left to the discretion that “this simulator does not cover situations covered by special schemes or collective procurement instruments, which may extend the notice period up to six months for a worker who is in charge of administration or management, or with functions of representation or responsibility”.

“This simulator does not cover the situations of termination of the contract in the experimental period (Article 114 of the Labour Code). The results obtained are based on the data entered by the user, which is their sole responsibility, and do not bind the ACT”, he also stresses. 

How many days of notice do you have to give an effective worker to leave the company?

The ACT recalls that Article 400(1) of the Labour Code stipulates that the “worker must notify the employer in writing at least:

• 30 days for contracts up to 2 years;
• or 60 days for contracts over 2 years.

What if this deadline is not met? “In this case is obliged to pay the employer compensation of equal value to the basic remuneration and fees corresponding to the missed period of notice, may also respond civilly for any damage caused by not having observed the deadline of notice or for breach of obligations assumed in a permanence pact”, explains ACT.

However, “except for the fulfilment of an obligation to compensate the employer, the worker who has been recognised as a victim of domestic violence under specific legislation”.

What about a worker with a fixed-term contract? 

In this case, the employee shall notify the employer in writing at least:

• of 30 days for contracts lasting 6 months or more;
• of 15 days for contracts lasting less than 6 months.

“ In the case of an uncertain term contract, to know the days to be given notice, the time that the contract has already lasted should be taken into account”, explains the ACT.