WHAT ARE THE SEVERANCE PAYMENTS?

The first thing that the plaintiff’s lawyer must analyze when being contacted by a client is whether the severance pay was paid correctly, and for that it is essential to know what the severance pay is for each type of dismissal .

With that in mind, I will separate the sums due for each type of contract termination (remembering that the payment for vacation depends on the number of months worked).

✅ APPLICATION FOR DISMISSAL

  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3

EXPENSES WITHOUT JUST CAUSE

  • early warning
  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS + 40%

DISPENSES WITH JUST CAUSE

  • salary balance
  • holidays overdue + 1/3

INDIRECT TERMINATION

  • early warning
  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS + 40%

EMPLOYEE DEATH

  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS + 40%

DEATH OF THE EMPLOYER

  • prior notice (art. 483, § 2 and 485 of the CLT)
  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS + 40%

RETIREMENT – DISMISSAL

  • early warning
  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS + 40%

RETIREMENT – DEMISSION REQUEST

  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • FGTS withdrawal

DISMISSAL BY MUTUAL AGREEMENT

  • Half the notice
  • salary balance
  • 13th salary
  • holidays overdue + 1/3
  • proportional holidays + 1/3
  • 20% fine on FGTS
  • Withdraw of up to 80% of the FGTS balance

Remembering that the severance pay must be paid in 10 days , under penalty of a fine (see article 477 of the CLT).

 

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