Employment Termination Calculator: Rights and Values 2024
Learn how to calculate employment termination benefits in Brazil. Complete guide with examples, calculator, and updated values for 2024.
Employment termination can raise doubts about your rights and how to calculate the amounts. Whether it’s dismissal without just cause, resignation, or mutual agreement, each situation generates different severance benefits.
This guide explains how to calculate termination benefits practically, with real examples and updated values for 2024.
Types of employment termination
Dismissal without just cause
Dismissal without just cause occurs when the employer terminates the contract without serious reason. This is the most advantageous situation for the worker.
Guaranteed rights:
- Prior notice (worked or compensated)
- Proportional 13th salary
- Proportional vacation + 1/3
- FGTS (severance fund) + 40% penalty
- Unemployment insurance
- FGTS (severance fund) withdrawal
Resignation
In resignation, the worker themselves requests termination. Rights are more limited.
Guaranteed rights:
- Proportional 13th salary
- Proportional vacation + 1/3
- Salary balance
Not entitled to:
- Compensated prior notice
- 40% FGTS (severance fund) penalty
- Unemployment insurance
- FGTS (severance fund) withdrawal
Dismissal for just cause
Just cause occurs when the employee commits serious misconduct. This situation has the fewest rights.
Guaranteed rights:
- Only salary balance
- Accrued vacation (if any)
Not entitled to:
- Proportional 13th salary
- Proportional vacation
- Prior notice
- FGTS (severance fund) penalty
- Unemployment insurance
Mutual agreement
Mutual agreement allows negotiating the departure with some benefits for both parties.
Rights in agreement:
- 50% of compensated prior notice
- Proportional 13th salary
- Proportional vacation + 1/3
- 20% FGTS (severance fund) penalty
- Withdrawal of up to 80% of FGTS (severance fund)
- Not entitled to unemployment insurance
Severance benefits
Prior notice
Prior notice can be worked (you continue working 30 days) or compensated (company pays without working).
Compensated prior notice calculation:
- Base: last gross salary
- Additional: 3 days per year worked (maximum 90 days)
Example: Salary R$ 3,000, 5 years at company Prior notice = R$ 3,000 + (R$ 300 × 5 years) = R$ 4,500
Proportional 13th salary
Proportional 13th salary is calculated by months worked in the termination year.
Formula:
- (Salary ÷ 12) × months worked
- Fraction equal to or greater than 15 days = complete month
Example: Salary R$ 2,500, dismissal in September (9 months) Proportional 13th = (R$ 2,500 ÷ 12) × 9 = R$ 1,875
Proportional vacation
Proportional vacation is calculated by months worked in the current acquisition period.
Calculation:
- (Salary ÷ 12) × months worked × 1.33 (with constitutional third)
Example: Salary R$ 3,200, 7 months in current period Vacation = (R$ 3,200 ÷ 12) × 7 × 1.33 = R$ 2,485
FGTS and penalty
FGTS (severance fund) is deposited monthly (8% of salary). In dismissal without just cause, there’s a 40% penalty on the entire balance.
FGTS penalty:
- Dismissal without just cause: 40% of total balance
- Agreement: 20% of total balance
- Resignation: no penalty
How to calculate each benefit
Practical examples by type
Example situation:
- Salary: R$ 4,000
- Time at company: 2 years and 8 months
- Dismissal in October (10 months worked in the year)
- FGTS (severance fund) balance: R$ 15,000
Dismissal without just cause
| Benefit | Calculation | Value |
|---|---|---|
| Prior notice | R$ 4,000 + (R$ 120 × 2) | R$ 4,240 |
| Proportional 13th | (R$ 4,000 ÷ 12) × 10 | R$ 3,333 |
| Proportional vacation | (R$ 4,000 ÷ 12) × 10 × 1.33 | R$ 4,433 |
| FGTS penalty | R$ 15,000 × 40% | R$ 6,000 |
| Gross total | R$ 18,006 |
Resignation
| Benefit | Calculation | Value |
|---|---|---|
| Proportional 13th | (R$ 4,000 ÷ 12) × 10 | R$ 3,333 |
| Proportional vacation | (R$ 4,000 ÷ 12) × 10 × 1.33 | R$ 4,433 |
| Gross total | R$ 7,766 |
Payment deadlines
Companies have specific deadlines to settle severance benefits:
Dismissal without just cause:
- Worked prior notice: by the 1st business day after termination
- Compensated prior notice: by the 10th day after dismissal
Resignation:
- By the 1st business day after contract termination
Late payment penalty:
- Amount equal to employee’s salary per day of delay
Termination calculator
To calculate your severance benefits accurately and quickly, use our employment termination calculator.
The calculator considers:
- All types of termination
- INSS (social security) and IRPF (income tax) deductions
- Net amounts receivable
- Payment deadlines
How to use:
- Select termination type
- Enter your salary and time at company
- Add information about vacation and 13th salary
- Get complete calculation instantly
Worker’s rights
Mandatory documents
At termination, the company must provide:
- TRCT (Employment Contract Termination Term)
- Social connectivity key for FGTS (severance fund) withdrawal
- Work card with termination annotations
- Dismissal notice for unemployment insurance
- Exit medical exam
Contestation period
You have 2 years after termination to question unpaid amounts or rights. It’s important to check all calculations before signing documents.
Union assistance
For contracts over 1 year, termination must have union or Ministry of Labor assistance. This assistance is mandatory and free.
The assistance ensures that:
- All rights are respected
- Calculations are correct
- There are no irregularities in the process
Frequently Asked Questions
How do I know if termination amounts are correct?
Use our termination calculator to check calculations. Compare the result with the company’s TRCT. If there are significant differences, seek union help or a labor attorney.
Can I withdraw FGTS in any type of termination?
No. Full FGTS (severance fund) withdrawal is only allowed in dismissal without just cause and mutual agreement (80% in agreement). In resignation and just cause, FGTS remains in the account for retirement.
What happens if the company delays termination payment?
The company must pay a penalty equivalent to your salary for each day of delay. For example, if your salary is R$ 3,000 and payment is 5 days late, the penalty will be R$ 15,000.
How does prior notice work in mutual agreement?
In agreement, you’re entitled to 50% of compensated prior notice. If the notice would be R$ 4,000, you receive R$ 2,000. Notice cannot be worked in agreements.
Are accrued vacations paid in all types of termination?
Yes, accrued vacations (complete acquisition period) must be paid in any type of termination, including just cause. However, proportional vacations are not paid in just cause.
When can I request unemployment insurance?
Unemployment insurance is only due in dismissal without just cause. You can apply from the 7th day after dismissal, presenting documents in the Digital Work Card app or in person.
What to do if I disagree with company-calculated amounts?
First, don’t sign the TRCT if you disagree. Seek your category’s union for free calculation analysis. If necessary, file a labor lawsuit to collect differences, but remember the 2-year deadline.