Calculate CLT termination payments for all dismissal scenarios.
Terminating an employment contract generates a set of payments that changes with the type of dismissal. In dismissal without just cause, the employee gathers the salary balance (days worked in the month), notice proportional to length of service, the proportional 13th, proportional and accrued vacation plus 1/3, and the 40% penalty on the FGTS balance. In the art. 484-A mutual agreement, compensated notice and the FGTS penalty are both cut in half, but the other payments remain full and the withdrawal is capped at 80%; in mutual fault, notice, the 13th, and proportional vacation are also cut in half, with a 20% FGTS penalty (TST Súmula 14). Just cause removes notice, the 13th, and proportional vacation, leaving only the salary balance and accrued vacation; resignation, on the other hand, still keeps the 13th and proportional vacation (TST Súmulas 171 and 261), losing only the compensated notice and the FGTS penalty. This calculator builds the TRCT payment by payment for every CLT modality, applies INSS and IRRF to the salary balance and, separately, to the proportional 13th (its own tax period), and also flags the art. 477 payment deadline. The legal basis is the CLT (arts. 477 to 491), Law 12.506/2011 (proportional notice), and Law 8.036/1990 (FGTS). It is an educational estimate: always confirm with a qualified professional or labor attorney.
The salary balance is the base for everything: the salary divided by 30 and multiplied by the days worked in the separation month. To it are added, when due, the proportional 13th (salary ÷ 12 × avos), the proportional and accrued vacation with the constitutional third, and the notice period. Notice is proportional to length of service: 30 days plus 3 days per completed year, capped at 90 days (Law 12.506/2011).
The FGTS penalty applies to the deposited balance: 40% in dismissal without just cause and in constructive dismissal, and 20% in the art. 484-A agreement and in mutual fault, the latter also cutting notice, the 13th, and proportional vacation in half (TST Súmula 14). INSS and IRRF deductions fall on the taxable portions, the salary balance and the proportional 13th, each assessed separately, while compensated notice and the FGTS penalty are exempt from income tax. The chosen modality automatically switches each payment on or off in the calculator.
Example (illustrative values), a R$ 3,000 salary, employee dismissed without just cause after 2 completed years, with 10 days worked in the month and 6 avos of 13th and proportional vacation. The salary balance is R$ 3,000 ÷ 30 × 10 = R$ 1,000; the proportional 13th is R$ 3,000 ÷ 12 × 6 = R$ 1,500; the proportional vacation adds up to R$ 3,000 ÷ 12 × 6 × 4/3 = R$ 2,000 (already including the 1/3). The proportional notice would be 33 days (30 days plus 3 for each year beyond the first).
INSS and IRRF apply to the salary balance; the proportional 13th is taxed the same way, but assessed separately, as its own tax period; the 40% FGTS penalty comes from the statement balance and is exempt from income tax; and compensated notice, when due, is also exempt. Adding up the payments and subtracting the deductions, the calculator reaches the net severance and shows the art. 477 deadline. The figures are rounded only to illustrate the mechanics, run the calculator with your real data.
Art. 477 of the CLT sets short deadlines for settlement: as a rule, ten calendar days from separation when notice is compensated, or one business day after the worked notice ends. A delay exposes the employer to the art. 477, §8 penalty, equal to one of the employee's salaries, an amount assessed separately that does not enter the net computed here. In a resignation, if the employee does not serve the notice, the employer may deduct the corresponding amount.
This tool covers the CLT modalities but simplifies points that depend on the specific case: averages of overtime and habitual bonuses, collective-agreement payments, job stability, and the late-payment penalty are not included. Because it deals with labor rights, a sensitive topic, treat the result as an educational estimate and always confirm with a labor attorney, the union, or the payroll department before making decisions.
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></iframe>These references help contextualize formulas, standards, APIs and limitations used on this page. They do not replace professional validation when a result has legal, financial, medical or operational impact.
Notice starts at 30 days and gains 3 days for each completed year of service at the same company, up to a cap of 90 days (Law 12.506/2011). So someone with 1 year receives 30 days, and someone with 5 years receives 42 days (30 + 12). The calculator applies this rule automatically from the hire and separation dates you enter.
⚠️ Educational estimate. Always confirm with a qualified Brazilian labor attorney. The art. 477 penalty for late payment is calculated separately.
Atenção: o período do aviso prévio indenizado (45 dias) deve projetar o tempo de serviço para 13º, férias proporcionais e FGTS (Súmula 371 do TST); ajuste os avos e o saldo do FGTS informados para refletir essa projeção.