Termination With Severance in Brazil — Your Employee Rights Guide

In Brazil, workers who are dismissed without just cause are entitled to a range of severance payments and benefits protected by the Consolidação das Leis do Trabalho (CLT) — the country's main labor law. These protections exist to provide financial security during the transition between jobs and apply to the vast majority of formal (registered) employees. Knowing your rights can prevent employers from underpaying you or withholding amounts you are legally owed.

⚖️ Your Key Rights

• ✓If dismissed without just cause, you are entitled to a severance fine of 40% of the total balance in your FGTS (Fundo de Garantia do Tempo de Serviço) account, paid by your employer.
• ✓You have the right to withdraw the full balance of your FGTS account when dismissed without just cause.
• ✓You are entitled to proportional payment of unused vacation days plus a one-third constitutional bonus on top of that amount.
• ✓You must receive a proportional 13th salary (décimo terceiro salário) for the months worked in the current calendar year.
• ✓You are entitled to a prior notice period (aviso prévio) of at least 30 days, which increases by 3 days for each year of service up to a maximum of 90 days total; your employer may pay you the equivalent salary instead of requiring you to work the notice period.
• ✓You have the right to access unemployment insurance (seguro-desemprego) if you meet the eligibility requirements, such as having worked at least 12 months in the prior 18 months for a first request.
• ✓All severance amounts must be paid within 10 calendar days of the termination date; failure to pay on time entitles you to an additional penalty equal to one month's salary.

🚀 What To Do

1. 1Request a copy of your signed termination document (Termo de Rescisão do Contrato de Trabalho — TRCT) and review it carefully to verify all calculated amounts, including FGTS balance, 40% fine, proportional vacation, 13th salary, and prior notice.
2. 2Confirm that your employer has released your FGTS funds through Caixa Econômica Federal by checking the FGTS app or website; you will need your NIS/PIS number and CPF to access your account balance and verify the 40% fine deposit.
3. 3Apply for unemployment insurance (seguro-desemprego) at the nearest SINE office, through the Carteira de Trabalho Digital app, or online via the gov.br portal — do this between 7 and 120 days after your termination to avoid losing your right to the benefit.
4. 4Keep all employment documents safe, including your work card (Carteira de Trabalho), pay stubs, termination letter, and the signed TRCT, as these are essential if you need to challenge any amounts later.
5. 5If you believe amounts are missing or incorrect, first attempt to resolve the issue directly with your employer's HR department in writing; document all communications.
6. 6If the dispute is not resolved, file a complaint with the Regional Labor Superintendent (Superintendência Regional do Trabalho) or consult a labor attorney to bring a claim before the Labor Court (Vara do Trabalho) — you have up to 2 years from the date of termination to file.

🔗 Official Resources