Brazil employment termination verbas rescisórias
The total on a Brazilian termination statement does not depend only on salary: it depends on which of the CLT eight exit types applies, because each one turns entire payments on or off, such as indemnified notice or the FGTS severance fine.
The 39-day notice and the 40% fine only exist because this was a no-cause dismissal; in the other seven exit types at least one of these two payments changes or drops to zero.
The art. 484-A agreement halves only the notice and the FGTS fine; proportional 13th salary and vacation stay full, unlike mutual fault, which halves all three payments.
Already-earned vacation from a prior period stays owed even under just cause, because it was already vested before the dismissal; only the proportional vacation for the current period disappears.
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.
No. The 30 days are the constitutional floor (CF art. 7, XXI); Law 12.506/2011 adds 3 days per full year of service beyond the first, up to a 90-day cap, so only someone with under 1 full year gets exactly 30 days.
No; the 40% fine (or 20% under a mutual agreement) only applies when the employer initiates the break or it is treated as such, like constructive dismissal; on a voluntary resignation the employee can withdraw the FGTS balance only in specific legal cases, without any fine.
CLT art. 477, §8, sets a fine equal to one month salary when payment misses the 10-calendar-day deadline in §6, on top of monetary correction and interest on the overdue amount.
No; under mutual fault both sides contributed to the breakup and TST Precedent 14 orders notice, 13th salary and proportional vacation paid at half, plus a 20% FGTS fine, while pure just cause wipes out those three payments entirely because the fault is the employee only.
⚠️ 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.