What the employee receives
- Salary balance for days worked.
- Notice: 30 days + 3 per full year, up to 90 (worked or paid in lieu).
- Pro-rata 13th salary, including the notice projection.
- Accrued and pro-rata vacation + 1/3.
- Withdrawal of the full FGTS balance plus a 40% penalty.
- Unemployment insurance, if eligible.
Example
Hired 03/05/2021, dismissed 30/09/2026 with notice in lieu. Salary R$ 3,500 plus R$ 300 average overtime. Five full years give 45 days of notice. Net severance: R$ 14,322.80, plus about R$ 8,950 of FGTS penalty and 5 unemployment installments of R$ 2,416.65.
Frequently asked questions
Is the 40% FGTS penalty paid with the severance?
Informational content based on the CLT and TST case law. Not a substitute for advice from a lawyer or union.