Employment Termination in Brazil 2025: How to Calculate
Learn how to calculate employment termination benefits in 2025. Understand your labor rights and get the correct amounts under CLT regulations.
Employment termination represents the end of the employment contract between employee and employer. For 2025, the rules follow CLT (Brazilian labor law) with updates to minimum wage values and contributions.
Calculating termination amounts correctly is essential to guarantee your rights. The final amount can vary between R$ 2,000 and R$ 15,000 depending on salary, length of service, and type of dismissal.
What is Employment Termination
Employment termination is the legal process that ends the employment relationship. It can occur at the initiative of the employee, employer, or by mutual agreement.
Types of termination
The type of termination determines which benefits the worker is entitled to receive:
- Dismissal without just cause: employer dismisses the employee
- Resignation: employee requests to leave
- Dismissal for just cause: employer dismisses for serious misconduct
- Indirect termination: employee resigns due to employer’s serious fault
- Labor agreement: agreement between parties (Law 13.467/2017)
Worker’s rights
Regardless of termination type, some rights are guaranteed:
- Salary balance for days worked
- Proportional 13th salary for months worked in the year
- Accrued vacation (if any) + 1/3 constitutional bonus
Other rights vary according to the reason for termination.
Termination Benefits in 2025
Salary balance
The salary balance corresponds to days actually worked in the termination month. The calculation is proportional:
Example: R$ 3,000 salary, working 15 days of a 30-day month = R$ 1,500
Prior notice
The 30-day prior notice can be worked or paid as compensation. For each complete year of work, 3 days are added, limited to 90 days.
Formula: 30 days + (3 days × complete years of work)
| Length of service | Prior notice |
|---|---|
| 1 year | 33 days |
| 5 years | 45 days |
| 10 years | 60 days |
| 20 years or more | 90 days |
Proportional 13th salary
The 13th salary is calculated proportionally to months worked in the termination year. Periods over 15 days count as a complete month.
Example: Worker with R$ 4,000 salary, terminating in June after working 6 complete months = (R$ 4,000 ÷ 12) × 6 = R$ 2,000
Proportional vacation
Proportional vacation is due according to the current accrual period. The constitutional third (1/3) is always added.
Calculation: (Salary ÷ 12) × months worked × 1.33
FGTS and penalty
The FGTS (severance fund) balance corresponds to 8% of salary deposited monthly. In dismissal without just cause, there’s a 40% penalty on the total balance.
Calculation by Termination Type
Dismissal without just cause
The worker is entitled to all termination benefits:
- Salary balance
- Prior notice (worked or compensated)
- Proportional 13th salary
- Accrued vacation + 1/3
- Proportional vacation + 1/3
- 40% penalty on FGTS
- Unemployment insurance
Resignation
An employee who resigns receives:
- Salary balance
- Proportional 13th salary
- Accrued vacation + 1/3
- Proportional vacation + 1/3
Not entitled to: compensated prior notice, FGTS penalty, unemployment insurance.
Dismissal for just cause
In just cause dismissal, the worker loses most rights:
- Salary balance
- Accrued vacation + 1/3 (only if any)
Loses: prior notice, proportional 13th salary, proportional vacation, FGTS penalty.
Indirect termination
When the employer commits serious misconduct, the worker can request indirect termination and receives all rights as if it were dismissal without just cause.
Practical Calculation Example
Let’s calculate the termination of a worker with 2 years of service:
Data:
- Salary: R$ 5,000
- Termination in June 2025
- 6 months worked in the year
- Dismissal without just cause
Benefit calculation:
| Benefit | Amount |
|---|---|
| Salary balance (30 days) | R$ 5,000.00 |
| Prior notice (36 days) | R$ 6,000.00 |
| Proportional 13th salary (6/12) | R$ 2,500.00 |
| Proportional vacation + 1/3 (6/12) | R$ 3,325.00 |
| Gross total | R$ 16,825.00 |
Use our employment termination calculator to simulate your specific case.
Payment Deadlines
The employer has up to 10 days to pay termination benefits:
- With worked prior notice: by the first business day after completion
- With compensated prior notice: by the 10th calendar day from dismissal
Late payment penalty
Late payment generates a penalty equivalent to the employee’s salary. This penalty is due in full, even with just one day delay.
How to Contest Amounts
If there are discrepancies in calculations, the worker can:
Administrative route
- Contact the Ministry of Labor
- Make direct agreement with the company
- Seek the category’s union
Judicial route
- File labor complaint at the Labor Court
- Deadline up to 2 years after termination
- Court costs according to new legislation
Important tip: Keep all documents (pay stubs, work card, receipts) for potential contestation.
Frequently Asked Questions
How to calculate 2025 prior notice?
Prior notice is 30 days + 3 days per complete year of work, limited to 90 days. For 5 years of service: 30 + (3 × 5) = 45 days of prior notice.
Can I withdraw FGTS in dismissal without just cause?
Yes. In dismissal without just cause you can withdraw the entire FGTS balance, including the 40% penalty that the employer deposits in your account.
What is termination by mutual agreement?
It’s when employee and employer agree to end the contract. The worker receives 50% of prior notice, 50% of FGTS penalty and can withdraw up to 80% of FGTS.
Are accrued and proportional vacation the same thing?
No. Accrued vacation is from already acquired periods (12 complete months). Proportional vacation refers to the current period, calculated proportionally to months worked.
How long do I have to contest the termination?
You have up to 2 years after termination to file a labor complaint contesting amounts or rights not paid correctly.
How is proportional 13th salary calculated?
Divide salary by 12 and multiply by months worked in the year. Periods over 15 days count as a complete month. Example: 7 months and 20 days = 8 months for calculation.
Can the company deduct anything from termination?
Yes, it can deduct INSS (social security) and IRPF (income tax) on termination benefits, plus any employee debts (unused transportation vouchers, payroll loans, etc.), respecting legal limits.