Which Resignation Letter to Use in Portugal? The 5 Letters

Want to leave your job in Portugal and not sure which letter to write? There are 5 possible letters, and each one changes what you walk away with: severance, unemployment benefit, or nothing. This guide compares all 5 and picks the right one in 4 questions.

Decide in 4 questions

Marta wants to switch companies. Hugo has not been paid for 3 months. Sara was called in by HR with an exit proposal. Three different letters. Answer these in order:

1. Did the employer seriously breach the contract? Wages more than 60 days late, harassment, unlawful change of duties? → Just cause termination. You have 30 days from the last incident.

2. Did the company offer you a negotiated exit? There is paper on the table, with a number? → Mutual agreement. Do not sign on the day. Read what to demand first.

3. Did you receive a disciplinary notice (nota de culpa)? The company opened a disciplinary procedure? → Reply to the notice. Do not resign mid-procedure.

4. None of the above? Still in the probation period? → Simple written notice, no notice period. Past the probation period? → Resignation with notice. The normal letter for leaving by choice.

Letter 1: resignation with notice (Art. 400 CT)

Marta has 3 years at the company and accepted another job. She needs no reason and no permission: she writes the letter, states the exit date and serves the notice period.

Notice depends on seniority (permanent contract, Art. 400(1)):

• Up to and including 2 years of seniority → 30 days
• More than 2 years → 60 days

Fixed-term contracts are different (Art. 400(2)(3)): 30 days if the contract lasts 6 months or more, 15 days if it lasts less. The sector collective agreement (CCT) or your contract can extend these periods up to 6 months for senior management roles.

What you get: final settlement: salary for days worked, unused holidays + holiday allowance, proportional Christmas and holiday allowances (Arts. 245 and 263 CT). No severance and no unemployment benefit.

If you miss the notice: you pay the employer the value of the missing days (Art. 401 CT). On a 1,200€ salary, 13 days short = around 512€.

Check your deadline first with the notice period template guide.

Letter 2: just cause termination (Art. 394 CT)

Hugo has not been paid for 70 days. He does not need to "resign": he can terminate with just cause, leave immediately and take severance + unemployment benefit.

Reasons with employer fault (Art. 394(2)): wages 60 days or more late, harassment, breach of legal guarantees, offences. These give severance of 15 to 45 days of salary per year of seniority, with a 3-month minimum (Art. 396 CT).

Reasons without fault (Art. 394(3)): workplace relocation causing serious harm, substantial change of working conditions. These let you leave without notice, but as a rule without that severance.

Hard rules:

• 30 days from the last incident to send the letter (Art. 395(1)).
• The letter must state the facts, in writing.
• If the employer challenges it in court and you lose, you may have to repay the benefit and pay the missing notice. Gather written evidence before sending.

Before moving, read how to prove just cause and estimate the amount with the severance calculator.

Letter 3: mutual agreement (Art. 349 CT)

Sara was called in by HR: "we have an exit proposal". A mutual agreement is not a letter you write. It is a document both parties sign, in writing and in duplicate (Art. 349(2)).

The essentials before signing:

• The amount is negotiable. Market practice sits near the legal severance or above. Run the numbers first.
• Unemployment benefit only with a qualified RP-5044: workforce reduction for market, structural or technological reasons (Art. 10 DL 220/2006). A bare "mutual agreement" on the form = benefit refused.
• You have 7 days to revoke the agreement after signing, unless the signatures were notarised (Art. 350 CT).
• Do not sign on the day. Take the paper home.

Letter 4: leaving during the probation period (Art. 114 CT)

Rui is 3 weeks into a new job and knows it is not the one. During the probation period either party can end the contract without notice, without a reason and without compensation (Art. 114(1) CT).

A simple written message is enough: "I hereby terminate the contract during the probation period, under Art. 114 of the Portuguese Labor Code, effective [date]." Deliver it with proof (email with read receipt or a signed copy).

Mind the mirror rule: if the employer terminates and the probation has run for more than 60 days, they must give you 7 days of notice, or 30 days after 120 days (Art. 114(2) and (3)). In that case you are entitled to unemployment benefit, so demand the RP-5044. If you are the one leaving, there is no benefit.

Details and deadlines by contract type in the probation period guide.

Letter 5: reply to a disciplinary notice (Art. 355 CT)

Joana received a disciplinary notice (nota de culpa) with accusations she rejects. This letter is different from the other four: you are not the one leaving: the company wants to dismiss you. The worst reply is resigning "to end it": you lose severance and benefit.

What the law gives you:

• 10 working days to reply in writing (Art. 355(1)).
• The right to consult the file, attach documents and name up to 10 witnesses (Arts. 355(2) and 356).
• Procedural mistakes by the company can make the dismissal unlawful (Art. 381 and following), with higher compensation if you go to court and win.

If you just received the notice, start with the guide received a disciplinary notice, what to do.

The mistake that costs everything: job abandonment (Art. 403 CT)

Disappearing without a letter is the worst possible exit. After 10 consecutive working days of absence, the employer can presume abandonment, send you a registered letter and treat the contract as ended (Art. 403(1)-(3)). The result: you pay the compensation for the missing notice (Art. 403(5) + Art. 401), you get no RP-5044 and no unemployment benefit. Any of the 5 letters above beats no letter.

The 5 letters compared

Before sending any letter

1. Run the numbers. Final settlement, severance and benefit change with each letter. Use the severance calculator and the unemployment benefit checker.
2. Keep proof of delivery. Signed copy, email with read receipt or registered mail with return receipt.
3. Ask for the exit documents (Art. 341 CT): work certificate, form RP-5044 and Social Security declarations.
4. Check the final settlement: unused holidays, proportional allowances (Arts. 245 and 263 CT). If money is missing, read the late wages guide.
5. Torn between two letters? Read the guide to the 5 ways an employment contract ends. It covers each route from both sides.

This guide provides information about Portuguese labor law. It does not replace legal advice for specific cases. Amounts and deadlines updated June 2026.