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Brazil - Procedural requirements for individual dismissals


Procedural requirements for individual dismissals - Brazil - 2011    

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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.
    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