employment brazil
Why must resignation letters in Brazil be handwritten?
<p>I resigned from two companies when I worked in Brazil and in both cases they demanded that I write a resignation letter by hand. In both cases the human resources department would not accept a letter typed then signed and they did not provide a template when I requested and did not explain why. Is there any law preventing them from accepting a typed letter, providing a template, or explaining why?</p>

<p>My impression is that they needed a letter in my words and having it handwritten would be a evidence that the resignation was totally at my will and that I was not coerced in doing so. Is this like that in other jurisdictions (handwritten letter as evidence of no coercion)?</p>

<p>There is no special rule that says that a resignation has to be handwritten.</p>

<p>Handwriting is important in very limited circumstances, such as wills. For example, if you write your will by hand and sign it, it is known as a 'holographic' will and no further formalities are required (depending on the jurisdiction). In contrast, if you type and sign your will, you must have the will also signed by one or more witnesses (again depending on the jurisdiction).</p>

<p>If you tender your resignation by typewritten letter, and the employer demands a handwritten letter, and you refuse, then you have still resigned. </p>

<p>The only time the employer has to agree to your resignation is in the case of a fixed-term contract. In the case of ordinary employment, you can resign at any time (by giving notice); this is a unilateral act.</p>

<p>The employer's demand for a handwritten resignation letter is probably motivated by tactical considerations such as a concern that you may later claim to have been fired and they made you sign a form letter to get out of paying your severance pay. But it is not a legal requirement.</p>

<p>While there seems to be no substantive legal basis for that claim. However, it is a documented albeit insubstantial rumor, see p. 22 of <a href="https://www.jurists.co.jp/en/publication/tractate/docs/Brazil_E.pdf" rel="nofollow">this</a>, possibly based on information from a Brazilian law firm, which says</p>

<blockquote>
  <p>The  employee  may  resign  at  his/her  own  will.  For  that 
  purpose,  the  employee  will  provide  a  handwritten  resignation 
  letter  (legal  formality),  and  must  provide  the  employer  with 
  thirty  (30)  days   notice, who may decide whether or not to exempt
  the employee from working during this period.</p>
</blockquote>

<p>If an employer saw this, they might think it was true, or at least treat it as sufficient grounds for making life difficult. All of the law seems to be <a href="http://www.planalto.gov.br/ccivil_03/decreto-lei/Del5452.htm" rel="nofollow">here</a>, and there seems to be no requirement for anything to be manuscrita/o.</p>
