Brazil Notice Period Calculator

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how to calculate paid out notice brazil

Paid-out notice: how to calculate the amount

Paid-out notice is the cash payment of the notice days the employee does not work. The math is simple: monthly pay divided by 30, times the number of notice days. What takes care is knowing which days count and what the period adds to the 13th and vacation pay.

The math, the add-ons and what the period adds

Under the CLT (art. 487, §1), the employer failing to give notice entitles the employee to the pay for the period, with the period counting as time of service. The base is pay, and habitual overtime is part of the amount (§5). With a R$ 3,000.00 salary, each day is worth R$ 100.00. A 30-day notice pays R$ 3,000.00, a 45-day one R$ 4,500.00 and a 90-day one R$ 9,000.00. For someone with a R$ 600.00 average of overtime, the base rises to R$ 3,600.00 and 48 notice days are worth R$ 5,760.00.
When the parties end the contract by agreement (CLT, art. 484-A), paid-out notice is halved: with 48 days and R$ 3,000.00, R$ 2,400.00. On the amount paid there is no income tax withholding (Law 7,713/1988, art. 6, V) or INSS, according to the STJ, but there is 8% FGTS (TST Precedent 305): R$ 360.00 on the R$ 4,500.00 of a 45-day notice. The knock-on effect on the 13th salary and vacation is taxed under the rules for those items.
The paid-out notice period counts as time of service, and the exit date on the work card is the end of the notice (OJ 82 SDI-1). That is why notice can add twelfths. With a hire date of 10 March 2020 and a notice on 2 November 2026 of 48 days, the contract runs to 20 December 2026: November and December enter the 13th, 2 more twelfths, R$ 500.00 with a R$ 3,000.00 salary, plus 1 vacation twelfth with the third, R$ 333.33. With 5 years at the company it is 2 twelfths of each, R$ 500.00 of 13th and R$ 666.67 of vacation. The tool shows this projection below the notice amount.

R$ 3,000.00 salary

30 days

Input: Menos de 1 ano de casa
Expected output: R$ 3.000,00

3,000 / 30 x 30.

45 days (5 years)

Input: Admissão 02/11/2021
Expected output: R$ 4.500,00 e FGTS R$ 360,00

Ends 17 December 2026, adds 2 twelfths of 13th and 2 of vacation.

48 days

Input: Admissão 10/03/2020
Expected output: R$ 4.800,00 e FGTS R$ 384,00

Adds R$ 500.00 of 13th and R$ 333.33 of vacation.

48 days by agreement

Input: Admissão 10/03/2020, art. 484-A
Expected output: R$ 2.400,00

Half of the full amount.

90 days

Input: Admissão 02/11/2006
Expected output: R$ 9.000,00 e FGTS R$ 720,00

Adds 3 twelfths of the 13th (R$ 750.00).

Full tool FAQ

How many days of notice am I entitled to?

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.

How is the notice period counted?

What is the 2-hour or 7-day reduction in worked notice?

How is paid-out notice calculated?

Does an employee who resigns also get proportional notice?

With exactly 1 year at the company, is it 30 or 33 days?

Does paid-out notice count as time of service?

Are INSS, income tax or FGTS charged on paid-out notice?

When is there no notice at all?

Is the result final? Should I confirm it with someone?

Frequently asked questions

When is notice paid out rather than worked?

When the employer excuses the employee from working during the notice and pays the period, or when no notice is given. The employee can also be excused from serving in a resignation, in which case there is no deduction.

Does paid-out notice change the unemployment benefit?

Paid-out notice counts as time of service, and the exit date on the work card is the end of the notice. The benefit is calculated from the average of the last three salaries and has its own waiting-period and installment rules; use the unemployment benefit tool to simulate.

Is the tool value what actually lands in the account?

The notice value, yes, since it carries no INSS or income tax deduction. The full termination pay includes other items, such as final wages, 13th and proportional vacation, which have their own deductions. For the total, use the severance calculator.

Next steps

Notice days (Law 12,506/2011)
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

Notice days (Law 12,506/2011)

Full years

Days

Under 1 year

1 year

2 years

3 years

4 years

5 years

6 years

7 years

8 years

9 years

10 years

11 years

12 years

13 years

14 years

15 years

16 years

17 years

18 years

19 years

20 years or more

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how to calculate paid out notice brazil

Paid-out notice: how to calculate the amount

The math, the add-ons and what the period adds

Under the CLT (art. 487, §1), the employer failing to give notice entitles the employee to the pay for the period, with the period counting as time of service. The base is pay, and habitual overtime is part of the amount (§5). With a R$ 3,000.00 salary, each day is worth R$ 100.00. A 30-day notice pays R$ 3,000.00, a 45-day one R$ 4,500.00 and a 90-day one R$ 9,000.00. For someone with a R$ 600.00 average of overtime, the base rises to R$ 3,600.00 and 48 notice days are worth R$ 5,760.00.

When the parties end the contract by agreement (CLT, art. 484-A), paid-out notice is halved: with 48 days and R$ 3,000.00, R$ 2,400.00. On the amount paid there is no income tax withholding (Law 7,713/1988, art. 6, V) or INSS, according to the STJ, but there is 8% FGTS (TST Precedent 305): R$ 360.00 on the R$ 4,500.00 of a 45-day notice. The knock-on effect on the 13th salary and vacation is taxed under the rules for those items.

The paid-out notice period counts as time of service, and the exit date on the work card is the end of the notice (OJ 82 SDI-1). That is why notice can add twelfths. With a hire date of 10 March 2020 and a notice on 2 November 2026 of 48 days, the contract runs to 20 December 2026: November and December enter the 13th, 2 more twelfths, R$ 500.00 with a R$ 3,000.00 salary, plus 1 vacation twelfth with the third, R$ 333.33. With 5 years at the company it is 2 twelfths of each, R$ 500.00 of 13th and R$ 666.67 of vacation. The tool shows this projection below the notice amount.

R$ 3,000.00 salary

30 days

Input: Menos de 1 ano de casa
Expected output: R$ 3.000,00

3,000 / 30 x 30.

45 days (5 years)

Input: Admissão 02/11/2021
Expected output: R$ 4.500,00 e FGTS R$ 360,00

Ends 17 December 2026, adds 2 twelfths of 13th and 2 of vacation.

48 days

Input: Admissão 10/03/2020
Expected output: R$ 4.800,00 e FGTS R$ 384,00

Adds R$ 500.00 of 13th and R$ 333.33 of vacation.

48 days by agreement

Input: Admissão 10/03/2020, art. 484-A
Expected output: R$ 2.400,00

Half of the full amount.

90 days

Input: Admissão 02/11/2006
Expected output: R$ 9.000,00 e FGTS R$ 720,00

Adds 3 twelfths of the 13th (R$ 750.00).

Full tool FAQ

How many days of notice am I entitled to?

How is the notice period counted?

What is the 2-hour or 7-day reduction in worked notice?

How is paid-out notice calculated?

Does an employee who resigns also get proportional notice?

With exactly 1 year at the company, is it 30 or 33 days?

Does paid-out notice count as time of service?

Are INSS, income tax or FGTS charged on paid-out notice?

When is there no notice at all?

Is the result final? Should I confirm it with someone?

Frequently asked questions