Employment Termination Calculator: Rights & Benefits
Calculate termination benefits, understand your rights in dismissal, resignation or just cause. FGTS, severance pay and mandatory payments.
Employment termination can raise many questions about what amounts workers are entitled to receive. The calculation of severance benefits varies according to the type of dismissal and includes different mandatory installments.
Understanding your rights prevents losses and ensures you receive exactly what the law determines. Each type of termination has specific rules for advance notice, FGTS (severance fund) and other benefits.
Types of employment termination
Dismissal without just cause
In dismissal without just cause, the employer terminates the contract on their own initiative, without the worker having committed serious misconduct.
This type of termination guarantees the worker the greatest number of rights, including:
- Salary balance for days worked
- Advance notice (worked or compensated)
- Accrued vacation + 1/3 constitutional bonus
- Proportional vacation + 1/3 constitutional bonus
- Proportional 13th salary
- FGTS withdrawal + 40% penalty
- Unemployment insurance (if meeting requirements)
Resignation
In resignation, the worker decides to leave the company. In this case, they lose some important rights.
A worker who resigns is entitled to:
- Salary balance for days worked
- Accrued vacation + 1/3 constitutional bonus
- Proportional vacation + 1/3 constitutional bonus (if more than 14 days in the year)
- Proportional 13th salary
Not entitled to: compensated advance notice, FGTS penalty, full FGTS withdrawal, unemployment insurance.
Dismissal for just cause
Dismissal for just cause occurs when the employee commits serious misconduct provided for in CLT (labor law). This is the type with the fewest rights for the worker.
Limited rights in just cause:
- Salary balance for days worked
- Accrued vacation + 1/3 constitutional bonus (only those already acquired)
Loses: advance notice, proportional vacation, proportional 13th salary, FGTS withdrawal, 40% penalty, unemployment insurance.
Mandatory severance benefits
Salary balance
The salary balance corresponds to days actually worked in the month of termination. It’s a guaranteed right in any type of dismissal.
Example: Worker with R$ 3,000 salary dismissed on the 15th of a 30-day month → balance = R$ 3,000 ÷ 30 × 15 = R$ 1,500
Proportional calculation
To calculate the daily value, divide the monthly salary by 30 (regardless of the actual number of days in the month). Multiply by days worked.
Accrued and proportional vacation
Accrued vacation refers to vacation already earned (complete acquisition period) but not yet taken. It always includes the 1/3 constitutional bonus.
Proportional vacation is calculated by months worked in the current acquisition period:
- Up to 14 days of work in the month = doesn’t count
- 15 days or more = counts as full month
Example: 7 months worked in current period, salary R$ 2,400 → proportional vacation = (R$ 2,400 ÷ 12 × 7) + 1/3 = R$ 1,400 + R$ 466.67 = R$ 1,866.67
Proportional 13th salary
The proportional 13th salary is calculated by months worked in the year of termination. Each month with 15 or more working days counts as a full month.
The formula is: (highest salary of the year ÷ 12) × months worked.
Example: Salary R$ 3,200, worked 8 months → proportional 13th = R$ 3,200 ÷ 12 × 8 = R$ 2,133.33
Advance notice in termination
Worked advance notice
In worked advance notice, the employee continues working normally for 30 days after dismissal notification. They receive full salary for this period.
During worked notice, the employee can:
- Leave 2 hours early daily, OR
- Be absent 7 consecutive days (without salary discount)
Compensated advance notice
Compensated advance notice replaces the worked period with monetary payment. The company releases the employee immediately.
Advance notice calculation
The minimum period is 30 days, plus 3 days per year worked at the same company (limited to 90 total days).
| Years worked | Advance notice days |
|---|---|
| Up to 1 year | 30 days |
| 2 years | 33 days |
| 5 years | 42 days |
| 10 years | 60 days |
| 20 years or more | 90 days |
FGTS and termination penalty
FGTS withdrawal
In dismissal without just cause, the worker can withdraw the entire FGTS balance from all contracts. In dismissal for just cause or resignation, FGTS remains blocked.
40% penalty
The 40% termination penalty applies to all FGTS deposits from the terminated contract. It’s paid only in dismissal without just cause.
Example: FGTS balance R$ 15,000 → 40% penalty = R$ 6,000 → total available = R$ 21,000
Withdrawal types
The worker can withdraw:
- Total balance: all amounts deposited in FGTS
- 40% penalty: additional amount paid by the company
- Other contracts: balances from previous jobs also become available
How to use the termination calculator
The Sethian termination calculator simplifies the calculation of all severance benefits. Just enter your contract information.
Required data
To use the calculator, you need to provide:
- Hiring and termination dates
- Current salary
- Type of termination
- Accrued vacation balance
- FGTS amount (if known)
Detailed results
The calculator shows:
- Breakdown of each severance benefit
- Net amounts (after deductions)
- Total to receive in termination
- Payment deadline according to law
Calculation verification
Use the calculator to verify if the company correctly calculated your benefits. In case of discrepancy, contact the union or Ministry of Labor.
Frequently Asked Questions
When must the company pay termination benefits?
Payment must be made within 10 days after dismissal when there’s compensated advance notice, or by the 1st business day after the end of worked advance notice.
Can I withdraw FGTS if I resign?
No. In resignation, FGTS remains blocked in the linked account. Withdrawal is only allowed in dismissal without just cause, retirement, or other specific legal situations.
How does INSS (social security) deduction work in termination?
INSS (social security) applies to salary balance, vacation, proportional 13th salary and compensated advance notice. It doesn’t apply to FGTS penalty. The rate varies from 7.5% to 14% according to salary bracket.
Do unused vacations expire?
Yes. The right to claim unpaid vacation expires in 5 years after contract termination. It’s important to check unpaid periods and claim within the deadline.
Can I refuse worked advance notice?
No. Worked advance notice is mandatory when determined by the employer. Refusal may be considered job abandonment and lead to just cause dismissal.
When am I entitled to unemployment insurance?
To be entitled to unemployment insurance, you need to: be unemployed, have been dismissed without just cause, have worked at least 18 months in the last 36 months (first application) and not have sufficient own income.
How to contest termination calculation?
If there’s an error in calculation, first contact the company’s HR with correct calculations. If unresolved, contact your union or file a labor complaint with the Labor Court.