CLT Brazilian Severance Notice Calculator

CLT prior notice — rule and example

Under Law 12,506/2011, the prior notice (aviso prévio) starts at 30 days plus 3 extra days for each full year of service and stops at 90 days total (60 extra days, which you hit at 20 years). It comes in two flavors. The notice can be indemnified, meaning the employee leaves immediately and the employer simply pays for the days, or worked, where the employee stays on but gets either a 2-hour reduction in the daily shift or 7 consecutive days off at the end.

Example: take an employee with 5 full years of service earning R$ 3,000/month. The notice period works out to 30 + (5 × 3) = 45 days. The indemnified value is 3,000 ÷ 30 × 45 = R$ 4,500. On top of that comes the proportional integration into 13th salary, FGTS and vacation.

Brazilian context

Prior notice kicks in on dismissal without cause, on indirect dismissal (art. 483 CLT), and during the homologation of the rescission. When the employee resigns, the 30-day notice flips around and is owed to the employer. The proportional 3-day rule does not work in the employer's favor here, per TST Súmula 441. None of this touches justa causa dismissals or fixed-term contracts that simply run to their end date.

FAQ

Indemnified or worked, which is better? Both pay the same amount, but the indemnified version lets the employee start hunting for a new job right away, so most people lean that way. The final call belongs to the employer, though.

Does the indemnified notice count for retirement and FGTS? Yes, it does. The period counts as time of service for INSS, it generates FGTS deposits (the 8% applies to the notice value too), and it feeds into the 40% penalty base.

Is the prior notice taxed? The indemnified portion is free of IRRF and INSS, a point settled by STJ REsp 1,230,957. The worked notice, on the other hand, is taxed like any regular salary.