Template

Template: Resignation Letter with Notice (Art. 400 CT)

Commented template for a resignation letter with advance notice in Portugal. Fill in your details, copy, and send. With the Art. 400 notice periods (30 or 60 days by seniority, 15 for short fixed-term) and the exit date calculation.

What is resignation with notice

Resignation is the legal way for you to end your employment contract without needing a reason. Different from termination for just cause (which requires a serious breach by the employer, like unpaid salaries or harassment, and lets you leave immediately, Art. 394), resignation is straightforward: you notify the company in writing, you serve the notice period, and both sides know exactly when it ends.

Why it matters: the notice period is normal contract time. You work and get paid until the end. If the company pushes you out earlier without paying what is left, or skips the final settlement, you have grounds to claim.

What is your notice period

It depends on seniority and contract type (Art. 400):

SituationPeriodArticle
Open-ended contract, up to 2 years at the company30 daysArt. 400(1)
Open-ended contract, more than 2 years60 daysArt. 400(1)
Fixed-term contract of 6 months or more30 daysArt. 400(3)
Fixed-term contract under 6 months15 daysArt. 400(3)
Uncertain-term contract30 or 15 days by time already servedArt. 400(3) and (4)
Management or director role with a clause in the contract or collective agreementUp to 6 monthsArt. 400(2)

Watch out: if you hold a management, director, representation or responsibility role, check your individual contract and the sector agreement (CCT) before sending the letter. If they contain an extended notice under Art. 400(2), that period applies (capped at 6 months). For everyone without such a clause, the table above is the law.

Step by step: how to use this template

  1. Fill in your personal details: today, your full name, your job title in the contract.
  2. Fill in company details: company name, name of top manager (owner, general director).
  3. Fill in the dates:
    • Date you started (hire date)
    • Notice period that applies to you (30 or 60 days by seniority; 15 or 30 for fixed-term)
    • Termination date = delivery date + notice period days
  4. Print or copy to email, sign (or write "via digital means" if sending by email) and keep a copy for yourself.
  5. Deliver to the company:
    • In person: ask for a signed receipt of a copy.
    • By email: with a copy to yourself or sent registered for your records.
  6. Keep everything: copy of letter + proof of delivery (signed receipt, confirmed email, or registered mail).

Model letter (copy and fill in)

[CITY], [TODAY'S DATE]

To: [NAME OF MANAGER/GENERAL DIRECTOR]
[COMPANY NAME]
[ADDRESS]

**Subject: Termination of employment contract with notice (Art. 400 Portuguese Labor Code)**

I hereby exercise my right to terminate my employment contract with [COMPANY NAME], notifying my intention to end the employment relationship with advance notice.

**My details:**
- Full name: [YOUR NAME]
- Job title: [YOUR ROLE IN THE CONTRACT]
- Start date: [DATE YOU STARTED WORKING]

**Notice of termination:**
In accordance with Art. 400 of the Portuguese Labour Code, and considering my seniority of [YEARS AT THE COMPANY], I hereby give notice of [30/60 DAYS, OR 15/30 IF FIXED-TERM], counted from the receipt of this communication.

**Contract termination date: [CALCULATED DATE = DELIVERY DATE + NOTICE PERIOD]**

During the notice period, I will remain available for the duties inherent to my role, as required by law.

I appreciate your receipt and confirmation of this notification.

Yours sincerely,

_____________________
[YOUR NAME]
[YOUR CONTACT: PHONE OR EMAIL]

After the letter: what to expect

After you send the letter, the company has three options:

Option 1: normal continuation (most common)

The company accepts and continues paying your salary until the termination date. You work until the end of the period. On the last day, they provide a final settlement (wages, unused vacation, pro-rata allowances).

Option 2: relief from duties

The company says "you don't need to come in" but keeps paying you through the end of the notice. It can do that: the contract stays in force until the termination date, and with it the duty to pay. Your salary is the same, you just don't go physically.

Option 3: early exit by mutual agreement

You and the company agree to shorten the notice, for example you leave on 20 July instead of 31 July. This must be in writing and signed by both. Without written agreement, the legal period stands.

Mistakes that cost money

"I thought notice started tomorrow"

No. The day the letter reaches the company is excluded from the count; notice starts the following day. If you hand-deliver on 10 June with 30 days, the contract ends on 10 July. Straight calendar days: weekends and public holidays count.

"The company said they were full, I should leave immediately without notice"

Not unless there's a written agreement. Art. 400 CT guarantees your right to serve the notice with pay. If the company forces you out before the end without paying for those days, you have the right to claim that money. Written demand plus a complaint to the ACT.

"I thought I had to stay physically there for the whole notice"

Not always. The company can relieve you from duties while paying you normally, because the contract stays in force until the end of the period. Often (especially if your departure is friction) the company prefers to pay the 30/60 days than have you there "with bad attitude." It's legal, but payment is mandatory.

"I delivered the letter but the company never replied"

The company doesn't need to "reply": the resignation takes effect on its own. If you delivered the letter, the contract ends on the date you wrote. If the company prevents you from leaving or doesn't pay the settlement, that's a violation. Written demand plus the ACT. Keep your copy or email proof of delivery.

Next steps

  • Before sending: confirm your notice period (30 or 60 days; 15 or 30 for fixed-term) and check your contract for a valid extended-notice clause (management roles only, Art. 400(2)). The notice period calculator does the maths and gives you the dates.
  • At the end of notice: request your final settlement (wages, vacation, pro-rata allowances). Read the late wages guide if the company doesn't pay on the day.
  • If the company breaks the law: file a complaint with the ACT (Authority for Working Conditions).
  • Calculate vacation pay at exit: read the guide unused holidays: how much you're owed.

Frequently asked questions

How much notice do I have to give to resign?+
It depends on seniority and contract type, not on your job category. Open-ended contract: 30 days if you have up to 2 years at the company, 60 days if more than 2 years (Art. 400(1) CT). Fixed-term contract: 30 days if the contract lasts 6 months or more, 15 days if less (Art. 400(3)); for uncertain-term contracts the time already served counts (Art. 400(4)). Only for management or director roles can a collective agreement or your contract extend the notice, up to 6 months (Art. 400(2)). Always check your contract and sector agreement (CCT) before sending.
How do I count the notice period days?+
In straight calendar days (weekends and public holidays count), excluding the day your written communication reaches the employer. Day one is the following day. For registered post, use the arrival date, not the sending date. Example: you deliver on 1 March with 30 days of notice, the contract ends on 31 March. Deliver on 15 March and it ends on 14 April.
Can I deliver the resignation letter by email or must it be in person?+
Email with read receipt (copying your company email and keeping it in your records) is valid. Better yet is in person with a signed receipt of a copy. If delivering in person, ask the receptionist or manager to stamp your copy with the date and to sign it: this proves when it was delivered. If the company refuses to receive it, send it by registered mail with acknowledgement of receipt.
Can the company refuse my resignation or extend the notice period?+
It can do neither. Art. 400(1) CT guarantees your right to resign without just cause, and the resignation takes effect on its own, with no acceptance needed. What the company can do: ask you to work until the end of the period, relieve you of duties while paying you until the end, or accept in writing an earlier exit (then you leave owing nothing). A longer notice would only be valid for management or director roles with a clause in the collective agreement or the contract, up to 6 months (Art. 400(2)), agreed when the contract was signed, not at exit.
What if the company doesn't pay me during the notice period?+
The notice period is normal contract time: full salary, meal allowance, everything. If the company doesn't pay, it is late salary like any other. Send a written demand (email or registered mail), keep the proof, and file a complaint with the ACT (Authority for Working Conditions) if they do not fix it. The calculation is simple: missing days × daily wage. See the unpaid wages guide for the full steps.
Do I need a reason to resign?+
No. Art. 400 CT allows resignation without just cause, which means you don't need to explain why. You can simply say you want to leave and serve the notice period. If you want to mention a reason (new job, relocation, etc.), you can, but you're not required to. Use the blank template if you prefer not to explain.
What information do I need to fill in the template?+
Fill in: (1) today's date; (2) your full name; (3) your job title in the contract; (4) the company name and top manager; (5) the date you started working; (6) the notice period that applies to you (30 or 60 days by seniority; 15 or 30 for fixed-term; your contract's period if validly extended under Art. 400(2)); (7) the termination date (delivery date + notice period). Everything else is pre-written. If there are other details (like unused vacation), note them at the end of the letter or in a follow-up email.

Official sources

3 references

This guide is for informational purposes only and does not constitute legal advice. For your specific situation, consult a lawyer or official authority. Found an error? Let us know at ola@despacho.pt.