Proportional notice in Brazil
Notice given by the employer is 30 days plus 3 days per full year of service, up to 90 days (Law 12,506/2011). An employee who resigns serves 30 days.
During worked notice, the employee may work 2 fewer hours per day or skip the last 7 calendar days without pay deduction (CLT art. 488). Notice paid in lieu counts as service time for 13th salary, vacation and FGTS. Counting starts the day after notice is given.
Frequently asked questions
Does proportional notice apply to resignations?
According to the prevailing TST view, no. Employees who resign serve 30 days regardless of tenure.
Can the employer deduct notice not served?
Yes. If an employee resigns and does not serve notice, the employer may deduct 30 days of salary.