The period elapsed after an employee leaves the company without cause is called prior notice .
This time is important for both the employer and the employee. Since it guarantees the company a deadline to replace the employee and assures the professional time to look for another job vacancy, in addition to remuneration.
Regulated by Law 12.506, of 2011 , the prior notice presents some specificities that vary according to the context of the employee’s dismissal, which can be done by the company or by the employee himself.
Below, check all the details on the fulfillment of the notice . Good reading!
What is notice?
The Consolidation of Labor Laws (CLT) guarantees both the employer and the employee the right to break the employment relationship at any time. Even if there is a contract and there is no just cause for it.
However, the employee’s dismissal needs to be informed to the interested party at least 30 days in advance – which is called prior notice .
This is so that both the company and the professional have time to prepare, either by replacing the employee or, in the case of the professional, looking for a new job.
How does early warning work?
Now that you know what early warning means , it’s important to understand how it works.
The termination of the employment contract and the option to terminate the professional may come from both the employer and the employee.
When the termination option comes from the employing company, it will choose whether the employee will fulfill the period working or whether to dismiss him immediately and bear the fine.
If the employee leaves the employee, through a resignation request , it will also be up to the company to decide whether or not to comply with the notice.
There are specificities for both situations, as we will show in the next topic.
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What are the types of notice?
There are three possibilities for complying with prior notice : prior notice worked, indemnified prior notice or prior notice fulfilled at home.
They vary according to the cause of the termination and the employer’s choice. See below how each works in different types of situations:
Prior notice worked
As the name already indicates, in this case, the employee performs his duties in the company normally during the period of notice . However, there are some peculiarities:
1. When the company dismisses the employee
If the company decides to send the employee away, it may require him to work for 30 days. For this situation, the employee has the right to work two hours less per day or not to work for seven days at the end of the notice period .
If the employee does not comply with this period or is absent, he runs the risk of having this salary discounted at the time of termination. That must be paid on the first business day after the end of the employment contract, that is, after the last day of notice .
2. When an employee resigns
If the employee has taken the initiative to leave the company, he can make an agreement to comply with the notice for the next 30 days.
At the end of this period, the employee will receive the salary for the days worked on the notice, the amount proportional to the vacation and the 13th salary . Termination is paid in the same manner as described above, on the first business day after the end of the employment contract.
Indemnified advance notice
In the case of indemnified prior notice , there is no need to work during the days referring to the notice. But there are also some peculiarities:
1. When the company dismisses the employee:
When the termination leaves the company and she does not want the employee to comply with the 30 days notice, she must pay the full salary for this period anyway. Therefore, the name: indemnified notice .
This decision is made exclusively by the company, which can choose not to comply with the notice in case of dismissal. Termination payment must be made within 10 calendar days after the termination date.
2. When an employee resigns
When the resignation leaves the employee and he is not able to work in the next 30 days, he must pay the termination fine (one month’s salary) , which will be deducted from the amount related to the settlement.
This case is called notice paid by the worker . However, the collection of the fine for non-compliance with the prior notice is optional for the company. In this case, the termination payment is also made within 10 days after the date of dismissal.
Notice fulfilled at home
Unlike the previous two options, prior notice fulfilled at home is not a situation provided by law, although quite common.
It occurs, in general, in cases of dismissal agreement in which the company asks the employee to fulfill his period without going to the company to work. That is, the employee ‘s prior notice is “done at home”.
In most cases, companies propose this condition to have more time in the payment term of the termination. If the company chose the severance notice , it would have to make the payment 10 days after the dismissal.
With this agreement, they can do it after the 30 days of the notice (even if it has not been fulfilled).
What is proportional notice?
In October 2011, the law determining the right to proportional prior notice came into force . It guarantees that, in addition to the 30 days prior notice, 3 days can be added for each full year worked at the company, being limited to 90 days.
That is, for each year worked, the employee has 3 more days, in addition to the 30 days prior notice.
How long is the notice period?
The minimum notice period is 30 days. However, this period can be increased according to the duration of the employment relationship, in case the dismissal leaves the employer.
If the termination request comes from the employee, the notice period is fixed, only 30 days.
To understand how the proportional notice law works , check the table below:
|Working time||Early warning|
|Before 1 year||30 days|
|1 year||33 days|
|2 years||36 days|
|3 years||39 days|
|Four years||42 days|
|5 years||45 days|
|6 years||48 days|
|7 years||51 days|
|8 years||54 days|
|nine years old||57 days|
|10 years||60 days|
|11 years||63 days|
|12 years||66 days|
|13 years||69 days|
|14 years||72 days|
|15 years||75 days|
|16 years||78 days|
|17 years||81 days|
|18 years||84 days|
|19 years old||87 days|
|20 years||90 days|
How does provisional stability during early warning work?
Just as during the employment contract period, CLT guarantees the worker temporary stability in some situations during early warning . This way, the employee has time to adapt to the new situation.
In what situations does this right exist?
In the case of pregnancy during the warning period , the law guarantees the employee employment stability for up to five months after delivery.
As for employees who suffered some type of work accident or occupational disease during the warning, receiving sickness benefits, their stability is guaranteed for a period of one year after discharge by doctors.
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When does advance notice not apply?
If the employee breaches a company rule or commits a serious misconduct, he may be dismissed for cause . In these situations, there is no obligation on the company to pay the advance notice .
In addition, during the fulfillment of the notice worked, the employer can also dismiss the employee for a just cause if he exhibits behavior that justifies it.
In this case, there is a review of all payments to which he would be entitled, including prior notice.
What are the consequences in case of non-compliance?
From the moment when the company or employee decides to carry out the termination and choose whether or not to comply with the notice period , it is necessary to be aware of the consequences in case of non-compliance with the notice.
See how it works in each case below:
When the company does not pay advance notice
In case the company does not pay the advance notice within the period established by law, the employee has the right to receive the amount referring to an additional salary together with the settlement amount.
It is worth remembering that, in the case of indemnified notice, payment is made up to 10 after the termination of the contract. For the notice worked, the payment must occur on the first business day after the end of the period.
When the employee does not comply with the prior notice
In case the worker does not comply with the notice period worked , the company has the right to discount the payment for the missing days.
It is worth remembering that if the professional finds a new job during the period of notice, he may terminate his activities at the former employer before the notice period and receive in full for him. For this, it is necessary to prove the existence of the employment contract with another company.
Are there early warning models?
When deciding to leave, both the company and the employer must sign the prior notice attesting to what was agreed between the two sides.
There are already some early warning models available on the internet. Check below a very simple example to be filled out.
Early warning template
Sir (Name of employee)
We use the gift to communicate to you. that your services will no longer be used by this employer.
The period for complying with the notice is… .. days, as determined by the current labor legislation, counted from the first day following the delivery of the notice, to be complied with in the manner chosen by you.
() Reduction of 2 (two) hours daily
() Absence from work for 7 calendar days
Place and date
(company stamp and signature)
Aware: __ / __ / __
(signature of the employee or his legal guardian)
Did you understand everything about notice in this article? If you have any questions, leave them in the comments!