People Management

⏱ 12 min

What to Do When an Employee Resigns Unexpectedly

Employee resigned and you were not expecting it. What to do in the next 24 hours. The rights of both sides. How to manage the transition without chaos.

Image description

You arrived in the morning and the employee handed in their resignation. Here is the step-by-step guide to what you need to do.

In the first 24 hours: what not to do

  • Do not enter immediate operational panic. You have time.
  • Do not accept verbally without documenting. A resignation has legal validity when it is written. A 'I want to leave' said verbally is not technically a formal resignation. Always ask for written confirmation.
  • Do not try to convince them in the moment. If you want to try to retain them, do so after understanding the reason — not in a defensive 5-minute conversation.

What the law says about employee-initiated resignation

Mandatory notice period:

  • Open-ended contract: 30 days (or 60 days with more than 2 years of seniority)
  • Fixed-term contract: half of the remaining term (up to a maximum of 30 days)

If the employee leaves without serving the notice period, the company has the right to retain the portion of salary corresponding to the notice period not served.

Employee rights upon departure:

  • Wages owed up to the departure date
  • Proportional untaken leave and holiday allowance
  • Proportional Christmas bonus
  • No entitlement to unemployment benefit (voluntary departure without just cause)

How to manage the transition period

  • Request a documented handover. The employee should document the processes they managed, the contacts they maintained, and the status of each project.
  • Start planning the replacement immediately. The first days after notice are the most valuable for understanding what the role requires.
  • Maintain the professional relationship. Employees who leave on good terms can recommend the company, return as clients, or come back later.
  • Revoke access on the departure day. Systems, emails, digital platforms — basic risk management.

If the employee leaves without notice

After 10 consecutive unjustified working days of absence, the law presumes abandonment of the position — which is considered termination of the contract at the employee's initiative. The company must notify by registered letter.

This is one of the cases where digital time tracking is essential: it unequivocally documents the days of absence.

To understand how to prevent this type of situation from the start of the employment relationship, read how to onboard a new employee in the first 30 days. And to avoid it happening unexpectedly, consider implementing regular performance reviews.

Image description
logotipo-picco-by-damastor

Address

Rua Padre José Joaquim Martins, 30
4830-440, Santo Emilião, Póvoa de Lanhoso, Braga
Portugal

Contactos

(351) 923 321 651
info@damastor.com

Sales & Installation Hours

Monday to Friday → 8:00 AM to 8:00 PM
Saturday → 8:00 AM to 12:30 PM
Sundays and Holidays → Closed


© 2026 Todos os direitos da Picco reservados a Damastor