Dismissal and termination in Brazil: complete guide (2026)
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Severance, notice, resignation, mutual agreement, dismissal for cause, constructive dismissal, TRCT and unemployment insurance, in free guides.
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What you receive when leaving a job depends on the type of termination: dismissal without just cause, resignation, mutual agreement (art. 484-A), just cause or indirect termination. In every case, severance must be paid within 10 days of the end of the contract, or a fine applies (CLT, art. 477). This topic brings together Human Case's guides on dismissal, termination and the next steps.
Quick summary
- Deadline: severance within 10 days of the end of the contract.
- Without just cause: notice pay, proportional vacation and 13th salary, the 40% FGTS fine, FGTS withdrawal and unemployment insurance.
- Deadline to sue: 2 years after leaving, covering the last 5 years.
- 15 guides in this topic, all free and with official sources.
Calculate now
- FGTS calculator: balance and penalty — free, no registration.
- Severance calculator — free, no registration.
- Unemployment benefit simulator — free, no registration.
What you receive
- Severance pay: what you receive for each type of dismissal — What you receive when leaving a job in Brazil: dismissal without cause, resignation, dismissal for cause, mutual agreement and constructive dismissal.
- Notice period: worked or paid in lieu, calculation and reduced hours — Notice period rules: 30 days plus 3 per year worked (up to 90), worked notice with 2 fewer hours a day or 7 calendar days off, paid notice in lieu and resignation.
- TRCT: how to check the termination form before signing — The TRCT details everything you receive when leaving the company.
- Unemployment insurance 2026: amount, installments and how to apply — Brazil's 2026 unemployment insurance table: minimum installment of R$ 1,621 and maximum of R$ 2,518.65.
Ways of leaving
- Resignation: what you receive, notice period and how to leave without losing rights — Those who resign receive salary balance and proportional vacation and 13th salary, but cannot withdraw FGTS or receive unemployment insurance.
- Termination by agreement (art. 484-A): what you receive, 80% FGTS and the risks of the "deal" — In consensual termination, employee and employer end the contract by mutual agreement: half the notice, a 20% FGTS penalty, 80% withdrawal and no unemployment insurance.
- Constructive dismissal: when the worker can "fire" the employer — Constructive dismissal (rescisão indireta) is dismissal for cause by the employer (art. 483 of the CLT).
- Mass layoffs: must the union take part? Rules for collective dismissal and lay-off — The STF ruled that mass dismissals require prior union involvement.
- Employer bankrupt or in judicial reorganization: how workers get paid — In bankruptcy, labor claims up to 150 minimum wages have priority.
Just cause and disciplinary measures
- Dismissal for cause: the grounds in art. 482 of the CLT and how to reverse it — When an employer can dismiss for cause (art. 482 of the CLT), the requirements it must meet, what the worker loses and how to reverse an unjustified dismissal for cause in court.
- Fired over a social media post: is it dismissal for cause? The limits of free speech at work — Can criticizing your employer on Instagram, exposing customers on TikTok or leaking information in a WhatsApp group lead to dismissal for cause?
- Job abandonment: how many absences, how the employer must act and how to defend yourself — Job abandonment is grounds for dismissal for cause and usually requires 30 days of unjustified absence and an intention not to return.
- Warnings and suspensions at work: rules, the 30-day limit and how to challenge them — Warnings and suspensions are permitted penalties, but they require proportionality and immediacy.
Protection against dismissal
- Job security: who is entitled and for how long — Temporary job security in Brazil: pregnant workers, work accidents, CIPA members, union officers and others.
- Transfer of workplace: can the employer move you to another city? The 25% supplement — An employer can only transfer an employee to another city requiring a change of residence in the cases provided by law.
Other topics
- Pay and benefits
- Working hours
- Health, safety and leave at work
- Harassment, discrimination and privacy at work
- Types of employment contract
- Labor Courts, complaints and free legal help
- Full index of guides
Frequently asked questions
What is the deadline for paying severance?
Within 10 days of the end of the contract (CLT, art. 477, §6). Late payment triggers a fine equal to one month's salary (art. 477, §8).
What does someone who resigns receive?
Outstanding salary, accrued and proportional vacation plus one third, and the proportional 13th salary. There is no FGTS fine, no FGTS withdrawal and no unemployment insurance.
Should I sign the TRCT if I disagree with the amounts?
Signing confirms receipt of the amounts paid but does not prevent you from claiming differences later. Check each item and, if possible, record your disagreement.
Official sources consulted
Informational content, updated in October 2026. It does not replace individual advice on your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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