Employment Termination Calculator: Complete Guide
Learn how to calculate severance pay in Brazil. Complete guide covering all termination types, benefits, and deadlines. Free calculator included.
The calculation of employment termination determines exactly how much you will receive when leaving your job. The final amount depends on the type of dismissal and the severance benefits due in each situation.
Whether it’s dismissal without just cause, resignation, or consensual termination, each type generates specific rights. Understanding these differences prevents unpleasant surprises during the final settlement.
Types of employment termination
Dismissal without just cause
Dismissal without just cause guarantees all employment rights to the employee. It’s the most advantageous option for those leaving their job.
The employer can dismiss without presenting a specific reason but must pay all severance benefits. This includes prior notice, 40% FGTS (severance fund) penalty, and unemployment insurance eligibility.
Employee resignation
In employee resignation, the worker loses some important rights. They don’t receive compensated prior notice, FGTS penalty, or unemployment insurance.
They maintain the right to salary balance, accrued and proportional vacation, proportional 13th salary, and withdrawal of deposited FGTS. It’s the least financially advantageous option.
Dismissal for just cause
Just cause is applied for proven serious misconduct by the employer. The worker receives only salary balance and accrued vacation.
They lose the right to prior notice, proportional 13th salary, FGTS penalty, and unemployment insurance. They also cannot withdraw deposited FGTS.
Consensual termination
Created by the 2017 Labor Reform, it allows agreement between parties. The worker receives half of the prior notice and FGTS penalty.
It guarantees withdrawal of up to 80% of FGTS and unemployment insurance eligibility. It’s an intermediate option between dismissal and resignation.
Severance benefits by type
Salary balance
Salary balance corresponds to days worked in the termination month. It’s due in all contract termination types.
The calculation is simple: divide the monthly salary by 30 and multiply by days worked.
Example: Salary R$ 3,000, working 15 days → R$ 3,000 ÷ 30 × 15 = R$ 1,500
Accrued and proportional vacation
Accrued vacation refers to complete acquisition periods not taken. Proportional vacation is calculated according to months worked in the current period.
For proportional vacation, count complete months worked and divide by 12. Periods over 14 days are considered complete months.
Example: 8 months worked, salary R$ 2,500 → R$ 2,500 ÷ 12 × 8 = R$ 1,667 + 1/3 constitutional = R$ 2,222
Proportional 13th salary
Proportional 13th salary is calculated based on months worked in the year. Each month worked for more than 14 days counts as a complete month.
The formula is: current salary ÷ 12 × months worked.
Prior notice
Prior notice can be worked or compensated. In dismissal without just cause, the amount is always due to the employee.
The minimum period is 30 days, plus 3 days per year worked, limited to 90 days. The amount corresponds to the full salary for the period.
FGTS in termination
FGTS withdrawal
In dismissal without just cause and consensual termination, the worker can withdraw the entire balance deposited in the FGTS account.
In resignation, there’s also the right to full withdrawal. Only in just cause dismissal is FGTS blocked.
40% penalty
The 40% penalty applies to all FGTS deposits made during the contract. It’s only due in dismissal without just cause.
In consensual termination, the penalty is reduced to 20%. In resignation and just cause, there’s no penalty.
Example: FGTS of R$ 10,000 in dismissal without just cause → penalty of R$ 4,000
Unemployment insurance
Requirements and installments
To receive unemployment insurance, you must prove involuntary dismissal and have worked for a minimum period. First application requires 12 months of work.
The number of installments varies according to time worked:
- 12 to 23 months: 4 installments
- 24 to 35 months: 5 installments
- Over 36 months: 6 installments
Installment amounts are calculated based on the average salary of the last three months, respecting established minimum and maximum limits.
Approval and deadlines
Payment deadlines
The employer has up to 10 days to settle severance benefits. The deadline counts from the end of prior notice, whether worked or compensated.
Late payment generates a penalty equivalent to the employee’s salary, an additional amount to benefits due.
Required documentation
Termination requires delivery of specific documents:
- TRCT (Employment Contract Termination Term)
- Work Card with termination noted
- Unemployment insurance forms (when due)
- FGTS statement for verification
Complete termination simulator
Our Termination Calculator automates all these calculations precisely. Simply enter basic contract data to get the exact amount for each benefit.
The tool considers all termination types and applies current rules. It includes INSS (social security), IRPF (income tax) calculations, and net amounts receivable.
How to use the simulator
The process is simple and quick:
- Enter the termination type
- Input salary data and work time
- Add vacation and 13th salary information
- Check the detailed summary of benefits
The result presents each benefit separately, making it easy to verify amounts paid by the company.
Frequently Asked Questions
How long does the employer have to pay termination benefits?
The deadline is 10 calendar days after the end of prior notice. If notice is compensated, it counts from the dismissal notification date. Non-compliance generates a penalty equivalent to the last salary.
Can I withdraw FGTS in any type of termination?
No. Full FGTS withdrawal is only allowed in dismissal without just cause, consensual termination, and resignation. In consensual termination, you can withdraw 80% of the balance. In just cause dismissal, FGTS remains blocked.
How to calculate proportional vacation in termination?
Count the complete months worked in the current acquisition period. Periods over 14 days count as complete months. Divide salary by 12 and multiply by months, then add 1/3 constitutional.
Am I entitled to 13th salary even when dismissed?
Yes. Proportional 13th salary is due in all termination types, except just cause dismissal. It’s calculated based on months worked in the termination year.
When can I apply for unemployment insurance?
After 7 days from dismissal and before completing 120 days. You must present forms provided by the employer and prove dismissal without just cause. Consensual termination also grants benefit eligibility.
Does prior notice always equal 30 days?
No. The minimum period is 30 days, but increases 3 days per year worked at the company, limited to 90 days. For example: 5 years of work = 30 + (5 × 3) = 45 days of prior notice.
Is union approval mandatory for termination?
Union approval was eliminated by the 2017 Labor Reform. Currently, termination can be done directly between employee and employer, regardless of amount or work time.