Aviso Prévio Demissão Template for Brasil

The Aviso Prévio Demissão is a fundamental employment document in Brazil that formalizes the termination notice between employer and employee. This legal instrument protects both parties during the employment termination process, ensuring compliance with Brazilian labor laws while providing adequate transition time.

When do you need this document?

You need an Aviso Prévio Demissão whenever terminating an employment contract in Brazil, regardless of who initiates the termination. If you're an employer dismissing an employee without just cause, you must provide this notice to comply with CLT requirements. As an employee resigning from your position, you're also required to give advance notice to your employer. The document is essential for temporary contracts ending before their natural expiration date and for permanent employment relationships being terminated. Even in cases of mutual agreement, formal notice documentation helps protect both parties legally.

Key legal considerations

The notice period varies based on length of service, starting at 30 days minimum with an additional 3 days per year worked, capped at 90 days maximum. You can choose between worked notice (continuing employment during the notice period) or indemnified notice (immediate termination with payment equivalent to the notice period). During worked notice, employees have the right to reduce their daily working hours by 2 hours or take 7 consecutive days off to search for new employment. Failure to provide proper notice results in financial penalties - employers must pay the equivalent salary period, while employees may have the amount deducted from their final settlement. The document must include complete party identification, contract details, communication date, and chosen notice modality.

Legal requirements in Brasil

Brazilian law mandates specific compliance with Constituição Federal Art. 7º, XXI, which establishes proportional advance notice as a fundamental worker's right. Lei 12.506/2011 regulates the proportional notice system, while CLT Articles 487-490 define minimum periods, modalities, and consequences of non-compliance. The document must contain full names, CPF/CNPJ numbers, addresses of both parties, employment start date, position, current salary, and other contractual information. TST Súmula 441 clarifies that proportional notice rights apply exclusively for employee benefit. You must specify whether the notice will be worked or indemnified, include the option for reduced working hours during worked notice, and ensure proper signatures from both parties. The notice becomes effective from the communication date, establishing the final working day and settlement calculation base.