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).