1. Notice Period
Standard Notice Period:
- Both resignation and dismissal without cause require a standard notice period of 30 days.
- If the employer waives this notice period, they must compensate the employee with 30 days' salary.
- Conversely, if an employee resigns but does not fulfill the notice period, the employer can deduct the corresponding amount from the employee's final paycheck.
2. Reasons for Termination
A) Dismissal Without Cause (Demissão Sem Justa Causa):
- The employer can terminate an employee without providing a specific reason.
B) Dismissal With Cause (Demissão Por Justa Causa):
- Termination due to serious misconduct, such as dishonesty, insubordination, habitual absenteeism, or violations of company policies.
C) Resignation (Pedido de Demissão):
- The employee voluntarily decides to leave the organization.
3. Severance Pay
A) Dismissal Without Cause:
- Payment for the notice period or salary in lieu of notice.
- Proportional 13th salary.
- Proportional vacation pay plus any unused vacation days.
- A 40% fine on the FGTS balance.
- Eligibility for unemployment insurance (Seguro-Desemprego).
B) Dismissal With Cause:
- Payment for days worked.
- Proportional vacation pay plus any unused vacation days.
- No entitlement to the 40% FGTS fine, notice period pay, or proportional 13th salary.
C) Resignation:
- Payment for days worked.
- Proportional 13th salary.
- Proportional vacation pay plus any unused vacation days.
4. Termination Procedure
A) Notice:
- Provide a written notice of termination, specifying the reason for dismissal if it is with cause.
B) Documentation:
- Prepare the Termination Certificate (Termo de Rescisão do Contrato de Trabalho - TRCT).
- Calculate and prepare receipts for all owed amounts, including salary, proportional 13th salary, vacation pay, and severance pay.
C) Final Payment:
- Ensure final payment is made within the legal timeframe: the next business day after the notice period ends or within 10 days if the notice is paid in lieu.
D) FGTS and Severance Pay:
- Calculate and deposit the appropriate amounts into the FGTS account.
- Ensure the employee can access their FGTS funds and that all applicable fines are paid.
E) Unemployment Insurance:
- Provide necessary documentation for the employee to apply for unemployment insurance, if eligible.
5. Work Pass Cancellation
For foreign employees working in Brazil, additional steps include:
A) Notification:
- Notify the Ministry of Labor (Ministério do Trabalho) and the Federal Police about the termination of the employment contract.
B) Cancellation Process:
- Inform relevant authorities to cancel the work visa/residence permit.
- Submit a formal cancellation request to immigration authorities.
C) Cost and Duration:
- Cancellation costs vary depending on the visa type and specific circumstances.
- The cancellation process typically takes a few weeks to complete.
By understanding these procedures, both employers and employees can navigate the complexities of employment termination in Brazil more effectively.
Navigate Brazil Termination with Confidence
Brazil's termination rules require careful calculation of severance, notice periods, and FGTS penalties. Remoly's local legal team ensures your Brazil employee offboarding is fully compliant and risk-free.
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Disclaimer: This article is for informational purposes only and does not constitute legal or professional advice. Employment laws and regulations may change. Please consult a qualified professional for advice specific to your situation.
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