brazil severance without cause
A without-cause dismissal in Brazil bundles six separate payments at once, and notice pay is usually the one that surprises people most, because it scales with tenure through a formula nobody keeps in their head.
With exactly 1 full year, notice still uses the 30-day floor from Lei 12.506/2011, because the extra 3 days per year only start accruing from the second full year onward.
Notice grows by 12 days over 4 extra years of tenure, but the gross total more than doubles versus the 12-month scenario, because accumulated FGTS and its 40% penalty grow along with time worked, not just notice pay.
Lei 12.506/2011 adds 3 days per full year beyond the first: going from 1 to 5 years is 4 additional years, that is, 4 × 3 = 12 extra notice days, matching the 42-day result.
When dismissal without cause occurs, the employer must pay a 40% fine over the full FGTS balance at the date of dismissal. The government also charges an additional 10% contribution, but this goes to a fund and is not paid to the worker.
Yes, Art. 18, §1 of Lei 8.036/1990 makes the 40% penalty mandatory whenever the employer dismisses without cause; it does not apply to a voluntary resignation or a for-cause dismissal, and drops to half, 20%, in the mutual-agreement termination created by Lei 13.467/2017.
Because the formula adds a fixed 30 days plus 3 days per full year beyond the first, so moving from 1 to 2 years adds only 3 days, reaching 33; several years of tenure need to accumulate before notice grows proportionally to time worked.
Yes, in a without-cause dismissal the vacation and 13th-salary twelfths are paid proportionally to the months worked in the current cycle; this stops applying only in a for-cause dismissal, where TST Súmula 171 and Art. 3 of Lei 4.090/1962 rule out both proportional payments.
⚠️ Educational simulation based on CLT rules. The final amount depends on the company agreement, worked days and FGTS balance. Consult an HR specialist.
| Salary balance | R$ 2.500,00 |
| Proportional vacation | R$ 3.333,33 |
| Proportional 13th | R$ 416,67 |
| Indemnified prior notice (33d) | R$ 5.500,00 |
| FGTS (current month) | R$ 9.600,00 |
| FGTS fine (40%) | R$ 3.840,00 |
| Gross severance total | R$ 25.190,00 |
CLT arts. 477-484-A; Lei 8.036/1990 (FGTS); Portaria MPS/MF 2/2025.
Calculated in your browser. No salary data is transmitted.