Dismissal for cause in Brazil: the grounds in art. 482 of the CLT and how to reverse it

*Dismissal for cause (justa causa) is a dismissal based on serious misconduct by the worker, as set out in art. 482 of the CLT (Brazil's Consolidated Labor Laws). It removes the right to a notice period, proportional vacation, proportional 13th salary, the FGTS penalty and unemployment insurance — which is why the employer must prove the misconduct, and an unjustified dismissal for cause can be reversed in court.*

Quick summary

• The grounds are exhaustive: only those provided by law.
• The employer must observe seriousness, immediacy and proportionality, and cannot punish the same misconduct twice.
• The burden of proving the misconduct is on the employer.
• If the dismissal for cause is reversed, the worker receives the amounts for a dismissal without cause.
• Deadline to challenge it: up to 2 years after the end of the contract.

Grounds in art. 482 of the CLT

• Dishonesty (improbidade).
• Indecent conduct or misbehavior.
• Habitual competing business without permission.
• Final criminal conviction, without suspension of the sentence.
• Negligence (desídia, repeated carelessness).
• Habitual drunkenness or drunkenness on duty.
• Breach of the company's secrets.
• Indiscipline or insubordination.
• Job abandonment.
• Acts harming the honor of, or physical assault against, anyone at work, or against the employer and superiors, except in self-defense.
• Constant gambling.
• Loss of the license required for the profession, through intentional conduct.

Requirements the employer must meet

• Seriousness of the misconduct, or repeated minor misconduct already punished (warning, suspension).
• Immediacy: the penalty must come soon after the employer learns of the misconduct.
• Proportionality between the misconduct and the penalty.
• No implied forgiveness: if the employer tolerated the conduct for a long time, it cannot punish it later.

How to reverse a dismissal for cause

1. Ask for the document notifying the dismissal for cause and the alleged reason.
2. Do not sign anything you disagree with; if you sign, write "received" and the date.
3. Gather evidence: messages, witnesses, time records, a history of good performance, no previous penalties.
4. File a labor claim asking for the reversal and the amounts owed — see Labor Court: how it works.
5. Consider claiming moral damages if the accusation was serious and unfounded (e.g., a false accusation of theft).

What you receive if the dismissal for cause is reversed

Paid notice in lieu, proportional vacation + 1/3, proportional 13th salary, withdrawal of FGTS (the Severance Indemnity Fund) with the 40% penalty and unemployment insurance forms, in addition to the salary balance and accrued vacation that were already owed. See the full table in Severance pay.

Frequently asked questions

What do I receive on dismissal for cause?

The salary balance and accrued vacation + 1/3, if any.

How many absences amount to job abandonment?

Case law usually considers 30 days of unjustified absence, with the intention of not returning.

Does the employer have to give a warning before dismissal for cause?

Not always. Serious misconduct allows immediate dismissal for cause; minor misconduct usually requires gradual penalties.

Read more in this series

• Severance pay: what you receive for each type of dismissal
• Evidence in a labor case: how to gather and organize it
• Constructive dismissal: when the worker can "fire" the employer
• Labor Court: how it works and how to file a claim
• Index: complete guide to labor rights