Dismissal without cause in Brazil: rights and severance

✓ Updated for 2026Updated on 30/09/2026By the CarmelitasApp team

What the employee receives

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.

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Frequently asked questions

Is the 40% FGTS penalty paid with the severance?
The employer deposits it in the worker's FGTS account, and the worker withdraws it through the FGTS app together with the balance.

Informational content based on the CLT and TST case law. Not a substitute for advice from a lawyer or union.