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> GOVERNANCE - home > Employment protection legislation database - EPLex > Brazil

Brazil - Procedural requirements for individual dismissals


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Notification to the worker to be dismissed: no specific form required

Notice period:
Remarks:
  • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
    * eight days in advance if wages are paid weekly or at shorter intervals;
    * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.

    LEI Nº 12.506, DE 11 DE OUTUBRO DE 2011, Article 1o. Parágrafo único. "Ao aviso prévio previsto neste artigo serão acrescidos 3 (três) dias por ano de serviço prestado na mesma empresa, até o máximo de 60 (sessenta) dias, perfazendo um total de até 90 (noventa) dias."

    Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
    • tenure ≥ 6 months
      • dismissal without cause ("sem justo motivo") - 30 day(s).
    • tenure ≥ 9 months
      • dismissal without cause ("sem justo motivo") - 30 day(s).
    • tenure ≥ 2 years
      • dismissal without cause ("sem justo motivo") - 33 day(s).
    • tenure ≥ 4 years
      • dismissal without cause ("sem justo motivo") - 39 day(s).
    • tenure ≥ 5 years
      • dismissal without cause ("sem justo motivo") - 42 day(s).
    • tenure ≥ 10 years
      • dismissal without cause ("sem justo motivo") - 57 day(s).
    • tenure ≥ 20 years
      • dismissal without cause ("sem justo motivo") - 87 day(s).

    Pay in lieu of notice: Yes

    Remarks:
    • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

    Notification to the public administration: No

    Remarks:
    • No prior notification as such.
      (Art. 477 (1) was derogated by Law 13467, 2017)

    Notification to workers' representatives: No

    Approval by public administration or judicial bodies: No

    Approval by workers' representatives: No

    + show references

    Notification to the worker to be dismissed: no specific form required

    Notice period:
    Remarks:
    • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
      * eight days in advance if wages are paid weekly or at shorter intervals;
      * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.

      LEI Nº 12.506, DE 11 DE OUTUBRO DE 2011, Article 1o. Parágrafo único. "Ao aviso prévio previsto neste artigo serão acrescidos 3 (três) dias por ano de serviço prestado na mesma empresa, até o máximo de 60 (sessenta) dias, perfazendo um total de até 90 (noventa) dias."

      Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
      • tenure ≥ 6 months
        • dismissal without cause ("sem justo motivo") - 30 day(s).
      • tenure ≥ 9 months
        • dismissal without cause ("sem justo motivo") - 30 day(s).
      • tenure ≥ 2 years
        • dismissal without cause ("sem justo motivo") - 33 day(s).
      • tenure ≥ 4 years
        • dismissal without cause ("sem justo motivo") - 39 day(s).
      • tenure ≥ 5 years
        • dismissal without cause ("sem justo motivo") - 42 day(s).
      • tenure ≥ 10 years
        • dismissal without cause ("sem justo motivo") - 57 day(s).
      • tenure ≥ 20 years
        • dismissal without cause ("sem justo motivo") - 87 day(s).

      Pay in lieu of notice: Yes

      Remarks:
      • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

      Notification to the public administration: No

      Remarks:
      • No prior notification as such.
        (Art. 477 (1) was derogated by Law 13467, 2017)

      Notification to workers' representatives: No

      Approval by public administration or judicial bodies: No

      Approval by workers' representatives: No

      + show references

      Notification to the worker to be dismissed: no specific form required

      Notice period:
      Remarks:
      • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
        * eight days in advance if wages are paid weekly or at shorter intervals;
        * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.

        LEI Nº 12.506, DE 11 DE OUTUBRO DE 2011, Article 1o. Parágrafo único. "Ao aviso prévio previsto neste artigo serão acrescidos 3 (três) dias por ano de serviço prestado na mesma empresa, até o máximo de 60 (sessenta) dias, perfazendo um total de até 90 (noventa) dias."

        Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
        • tenure ≥ 6 months
          • dismissal without cause ("sem justo motivo") - 30 day(s).
        • tenure ≥ 9 months
          • dismissal without cause ("sem justo motivo") - 30 day(s).
        • tenure ≥ 2 years
          • dismissal without cause ("sem justo motivo") - 33 day(s).
        • tenure ≥ 4 years
          • dismissal without cause ("sem justo motivo") - 39 day(s).
        • tenure ≥ 5 years
          • dismissal without cause ("sem justo motivo") - 42 day(s).
        • tenure ≥ 10 years
          • dismissal without cause ("sem justo motivo") - 57 day(s).
        • tenure ≥ 20 years
          • dismissal without cause ("sem justo motivo") - 87 day(s).

        Pay in lieu of notice: Yes

        Remarks:
        • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

        Notification to the public administration: No

        Remarks:
        • No prior notification as such.
          (Art. 477 (1) was derogated by Law 13467, 2017)

        Notification to workers' representatives: No

        Approval by public administration or judicial bodies: No

        Approval by workers' representatives: No

        + show references

        Notification to the worker to be dismissed: no specific form required

        Notice period:
        Remarks:
        • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
          * eight days in advance if wages are paid weekly or at shorter intervals;
          * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.
          Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
          • tenure ≥ 6 months
            • dismissal without cause ("sem justo motivo") - 30 day(s).
          • tenure ≥ 9 months
            • dismissal without cause ("sem justo motivo") - 30 day(s).
          • tenure ≥ 2 years
            • dismissal without cause ("sem justo motivo") - 33 day(s).
          • tenure ≥ 4 years
            • dismissal without cause ("sem justo motivo") - 39 day(s).
          • tenure ≥ 5 years
            • dismissal without cause ("sem justo motivo") - 42 day(s).
          • tenure ≥ 10 years
            • dismissal without cause ("sem justo motivo") - 57 day(s).
          • tenure ≥ 20 years
            • dismissal without cause ("sem justo motivo") - 87 day(s).

          Pay in lieu of notice: Yes

          Remarks:
          • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

          Notification to the public administration: No

          Remarks:
          • No prior notification as such.
            However, see art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
            See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

          Notification to workers' representatives: No

          Approval by public administration or judicial bodies: No

          Approval by workers' representatives: No

          + show references

          Notification to the worker to be dismissed: no specific form required

          Notice period:
          Remarks:
          • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
            * eight days in advance if wages are paid weekly or at shorter intervals;
            * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.
            Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
            • tenure ≥ 6 months
              • dismissal without cause ("sem justo motivo") - 30 day(s).
            • tenure ≥ 9 months
              • dismissal without cause ("sem justo motivo") - 30 day(s).
            • tenure ≥ 2 years
              • dismissal without cause ("sem justo motivo") - 33 day(s).
            • tenure ≥ 4 years
              • dismissal without cause ("sem justo motivo") - 39 day(s).
            • tenure ≥ 5 years
              • dismissal without cause ("sem justo motivo") - 42 day(s).
            • tenure ≥ 10 years
              • dismissal without cause ("sem justo motivo") - 57 day(s).
            • tenure ≥ 20 years
              • dismissal without cause ("sem justo motivo") - 87 day(s).

            Pay in lieu of notice: Yes

            Remarks:
            • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

            Notification to the public administration: No

            Remarks:
            • No prior notification as such.
              However, see art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
              See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

            Notification to workers' representatives: No

            Approval by public administration or judicial bodies: No

            Approval by workers' representatives: No

            + show references

            Notification to the worker to be dismissed: no specific form required

            Notice period:
            Remarks:
            • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
              * eight days in advance if wages are paid weekly or at shorter intervals;
              * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.
              Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
              • tenure ≥ 6 months
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 9 months
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 2 years
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 4 years
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 5 years
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 10 years
                • dismissal without cause ("sem justo motivo") - 30 day(s).
              • tenure ≥ 20 years
                • dismissal without cause ("sem justo motivo") - 30 day(s).

              Pay in lieu of notice: Yes

              Remarks:
              • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

              Notification to the public administration: No

              Remarks:
              • No prior notification as such.
                However, see art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
                See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

              Notification to workers' representatives: No

              Remarks:
              • Art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
                See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

              Approval by public administration or judicial bodies: No

              Approval by workers' representatives: No

              + show references

              Notification to the worker to be dismissed: no specific form required

              Notice period:
              Remarks:
              • According to art 487 of the CLL, a party who wishes to cancel an employment contract of an indefinite duration without a just motive ("sem justo motivo") shall give notice to the other party of his or her intention as follows:
                * eight days in advance if wages are paid weekly or at shorter intervals;
                * thirty days in advance if wages are paid fortnightly or monthly, or if the employee's length of service in the undertaking exceeds 12 months.
                Note that the 8 days' notice requirement for weekly-paid workers might not be valid anymore since the adoption of the 1988 Constitution as art. 7 XXI of the Constitution provides for "a right to notice of dismissal in proportion to the length of service of at least thirty days, as provided by law".
                • tenure ≥ 6 months
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 9 months
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 2 years
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 4 years
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 5 years
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 10 years
                  • dismissal without cause ("sem justo motivo") - 30 day(s).
                • tenure ≥ 20 years
                  • dismissal without cause ("sem justo motivo") - 30 day(s).

                Pay in lieu of notice: Yes

                Remarks:
                • Art. 487(1) CLL: If the employer fails to give due notice, the employee is entitled to his or her wages for the period of notice, and that period is always deemed to be included in the period of employment.

                Notification to the public administration: No

                Remarks:
                • No prior notification as such.
                  However, see art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
                  See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

                Notification to workers' representatives: No

                Remarks:
                • Art. 477(1) CLL which regulates compensation following dismissal without cause and provides that a letter of resignation or a signed termination form of an employee having more than 1 year' service shall only be valid if it was done with the assistance of the trade union or the competent authority of the Ministry of Labour.
                  See also, Baker & Mackenzie, "Worldwide Guide to Termination, Employment Discrimination, and Workplace Harassment Laws" (2009): "As set forth in the Labor Code, termination of an employment relationship requires certain formal procedures if the employee has worked for the employer for more than one year. In such circumstances, the parties must submit a termination form describing all severance payments mentioned above, as applicable, to a representative of the employee's union or the Labor Department."

                Approval by public administration or judicial bodies: No

                Approval by workers' representatives: No