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):
| Situation | Period | Article |
|---|---|---|
| Open-ended contract, up to 2 years at the company | 30 days | Art. 400(1) |
| Open-ended contract, more than 2 years | 60 days | Art. 400(1) |
| Fixed-term contract of 6 months or more | 30 days | Art. 400(3) |
| Fixed-term contract under 6 months | 15 days | Art. 400(3) |
| Uncertain-term contract | 30 or 15 days by time already served | Art. 400(3) and (4) |
| Management or director role with a clause in the contract or collective agreement | Up to 6 months | Art. 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
- Fill in your personal details: today, your full name, your job title in the contract.
- Fill in company details: company name, name of top manager (owner, general director).
- 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
- Print or copy to email, sign (or write "via digital means" if sending by email) and keep a copy for yourself.
- 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.
- 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?+
How do I count the notice period days?+
Can I deliver the resignation letter by email or must it be in person?+
Can the company refuse my resignation or extend the notice period?+
What if the company doesn't pay me during the notice period?+
Do I need a reason to resign?+
What information do I need to fill in the template?+
Official sources
3 referencesThis 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.