Job abandonment in Brazil: how many absences, how the employer must act and how to defend yourself

*Job abandonment (abandono de emprego) is one of the grounds for dismissal for cause (CLT, art. 482, i — the CLT is Brazil's Consolidated Labor Laws). Case law usually requires two elements: prolonged unjustified absence — as a rule, 30 days — and the worker's intention not to return. Without proof of both, dismissal for cause on grounds of abandonment can be reversed.*

Quick summary

• Legal basis: CLT, *art. 482, i***.
• Objective element: unjustified absence, as a rule 30 days (TST Precedent 32, for returns after a social security benefit — the TST is the Superior Labor Court).
• Subjective element: the intention not to return — which may appear before 30 days, for example when the worker takes another job during the same hours.
• The employer must summon the worker by a method that proves receipt.
• A newspaper notice alone is not enough to prove an intention to abandon.

Situations that are not abandonment

• A worker on sick leave awaiting an INSS examination or appeal.
• Social security limbo: the INSS clears the worker and the employer refuses the return — see Sickness benefit.
• Absence due to imprisonment or hospitalization, communicated to the employer.
• Staying away because of harassment or the employer's serious misconduct, when the worker seeks constructive dismissal.

If you had to stay away

1. Inform the employer in writing of the reason for the absence and keep proof.
2. Respond to any summons, even just to explain the situation.
3. Keep certificates, INSS receipts and messages.
4. If dismissed for cause, consider reversing it — see Dismissal for cause.

What the employer must do

• Summon the employee by letter with acknowledgment of receipt, telegram or email with confirmation.
• Record contact attempts.
• Wait a reasonable period before applying dismissal for cause.

Frequently asked questions

Is missing 3 days in a row abandonment?

As a rule, no. Unjustified absences can lead to deductions and warnings, but abandonment requires prolonged absence and an intention not to return.

Do I receive anything if dismissed for abandonment?

On dismissal for cause, only the salary balance and accrued vacation + 1/3, if any.

Read more in this series

• Dismissal for cause: grounds and how to reverse it
• Warnings and suspensions: rules
• Excused absences: when you can miss work without a deduction
• INSS sickness benefit in 2026
• Index: complete guide to labor rights