Notice period in Brazil: worked or paid in lieu, calculation and reduced hours

*The notice period (aviso prévio) is advance notice that the contract is ending. On dismissal without cause, the worker is entitled to 30 days, plus 3 days per complete year of service, up to a maximum of 90 days (Law 12,506/2011). Notice can be worked, with reduced hours, or paid in lieu, without working.*

Quick summary

• Length: 30 days + 3 per complete year, up to 90 days.
• Worked notice: hours reduced by 2 hours a day or 7 calendar days off, at the worker's choice (CLT, art. 488 — the CLT is Brazil's Consolidated Labor Laws).
• Paid in lieu: paid without working and counts as length of service for vacation and the 13th salary (art. 487, §1).
• Resignation: the worker must give 30 days' notice; if they do not, the employer can deduct it (art. 487, §2).
• New job: someone who proves they have a new job can be released from the rest of the notice (TST Precedent 276 — the TST is the Superior Labor Court).

Length table

• Less than 1 year — 30 days
• 1 complete year — 33 days
• 2 complete years — 36 days
• 5 complete years — 45 days
• 10 complete years — 60 days
• 20 years or more — 90 days

(30 days + 3 per complete year of service, capped at 90.)

Worked notice: your rights

1. Choose the reduction: leave 2 hours early every day or stop working for the last 7 calendar days.
2. No reduction in salary during the notice period.
3. If the employer does not grant the reduction, the notice may be considered not given, with the right to a new payment.
4. Proportional days: days beyond 30 are usually paid in lieu.

Notice when resigning

Someone who resigns must work 30 days' notice. If they do not, the employer can deduct the amount from what is owed. It is possible to negotiate a written waiver of the notice.

Frequently asked questions

How many days of notice do I get?

30 days plus 3 days per complete year of work at the company, up to 90 days.

During worked notice, can I take 7 days off?

Yes. You choose between reducing 2 hours a day or not working for 7 calendar days.

Does notice paid in lieu count for vacation and the 13th salary?

Yes. It extends the contract and counts as length of service.

Read more in this series

• Severance pay: what you receive for each type of dismissal
• Constructive dismissal: when the worker can "fire" the employer
• Unemployment insurance 2026: amount, installments and how to apply
• Dismissal for cause: the grounds in art. 482 of the CLT and how to reverse it
• Index: complete guide to labor rights