Constructive dismissal in Brazil: when the worker can "fire" the employer

*Constructive dismissal (rescisão indireta) is the end of the contract due to serious misconduct by the employer. The worker asks the Labor Court to end the contract as if they had been dismissed without cause — with notice pay, the 40% FGTS penalty and unemployment insurance.* The grounds are set out in art. 483 of the CLT (Brazil's Consolidated Labor Laws).

Quick summary

• It is the "employer's dismissal for cause" (CLT, art. 483).
• It guarantees the same amounts as a dismissal without cause.
• As a rule, it is recognized by a court decision.
• In cases of breach of contract (item d) and reduction of piece or task work (item g), the worker can keep working while the case is pending (art. 483, §3).
• If the court does not recognize serious misconduct, the departure may be treated as a resignation.

Grounds in art. 483 of the CLT

• Item a — demanding services beyond the worker's strength, prohibited by law or contrary to public morals
• Item b — excessively harsh treatment by the employer or superiors
• Item c — exposing the worker to obvious danger of considerable harm
• Item d — failing to meet contractual obligations (e.g., paying wages late, not depositing FGTS)
• Item e — acts harming the honor and reputation of the worker or their family
• Item f — physical assault, except in self-defense
• Item g — reducing piece or task work so as to significantly affect pay

Common examples

• Repeated late payment of wages.
• No FGTS deposits for several months (FGTS is the Severance Indemnity Fund).
• Proven workplace bullying.
• Requiring work in hazardous conditions without protective equipment.

Step by step

1. Gather evidence of the employer's misconduct: FGTS statement, payslips with payment dates, messages, witnesses.
2. Decide whether to keep working — possible under items d and g; in other cases, weigh the risks of stopping work carefully.
3. Notify the employer in writing (optional, but useful to record the date).
4. File a labor claim asking for recognition of constructive dismissal and the severance amounts. See Labor Court: how it works.
5. Apply for unemployment insurance after recognition, if you meet the requirements.

What you receive

• Salary balance, paid notice in lieu, accrued and proportional vacation + 1/3, proportional 13th salary.
• FGTS withdrawal + 40% penalty.
• Forms for unemployment insurance.

Risks

If the judge finds there was no serious misconduct, the departure may be converted into a resignation, with no FGTS penalty and no unemployment insurance. That is why evidence is decisive.

Frequently asked questions

Do I need a lawyer for constructive dismissal?

Not necessarily: it is possible through jus postulandi. But given the risk involved, legal guidance is recommended.

Can I stop working and ask for constructive dismissal?

You can, but outside items d and g, stopping work carries a risk if the misconduct is not recognized.

Does late payment of wages justify constructive dismissal?

Repeated late payment is one of the most widely recognized grounds, classified as failure to meet contractual obligations (item d).

Read more in this series

• Severance pay: what you receive for each type of dismissal
• Workplace bullying: what it is, examples and how to prove it
• FGTS: how to check it, when to withdraw and how the 40% penalty works
• Dismissal for cause: the grounds in art. 482 of the CLT and how to reverse it
• Index: complete guide to labor rights