Find out how many days of notice you are entitled to, the date it ends, the value of paid-out notice and what it adds to the 13th salary and vacation.
Notice (aviso prévio) is the advance warning that an employment contract is ending without cause (CLT, art. 487). Under Law 12,506/2011, it is 30 days for someone with up to 1 year at the company, plus 3 days per year of service, up to 60 extra days, for a total of up to 90 days. You reach 90 days at 20 full years. The rule applies to notices given from 13 October 2011 (TST Precedent 441). The period is counted excluding the day it starts and including the last day (Precedent 380): notice given on 2 November for 30 days ends on 2 December. If the employer gives notice and the employee works through it, the workday is cut by 2 hours with no pay loss, or the employee works normally and takes the last 7 consecutive days off (CLT, art. 488). If the notice is paid out instead, the employee receives the salary for the period and it counts as time of service (art. 487, §1): the exit date on the work card is the end of the notice (OJ 82 SDI-1), which can add 13th salary and vacation twelfths. In a mutual-agreement termination (art. 484-A), paid-out notice is halved. An employee who resigns owes 30 days, according to the prevailing view.
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It is 30 days, plus 3 days per full year of service at the same company, up to 90 days (Law 12,506/2011). At 1 year it is 33 days, at 5 years 45, at 10 years 60 and at 20 years or more 90. With less than 1 year at the company it is 30 days.
Counting starts the next day.
Base for the paid-out notice value.
Overtime, commissions and other habitual amounts per month.
At 1 full year it is 33 days in the first option and 30 in the second, which only adds days after the anniversary.
Plus 23 days. Full years counted: 6.
30 days plus 18 (6 years x 3).
Workday cut by 2 hours throughout the notice, with no pay loss (CLT, art. 488).
| Full years | Days |
|---|---|
| Under 1 year | 30 |
| 1 year | 33 |
| 2 years | 36 |
| 3 years | 39 |
| 4 years | 42 |
| 5 years | 45 |
| 6 years | 48 |
| 7 years | 51 |
| 8 years | 54 |
| 9 years | 57 |
| 10 years | 60 |
| 11 years | 63 |
| 12 years | 66 |
| 13 years | 69 |
| 14 years | 72 |
| 15 years | 75 |
| 16 years | 78 |
| 17 years | 81 |
| 18 years | 84 |
| 19 years | 87 |
| 20 years or more | 90 |
Estimate. A collective agreement and contract details can change the result; confirm with HR or a labor lawyer.