Aviso Prévio Indenizado CLT Template for Brasil

The Aviso Prévio Indenizado CLT is a crucial employment document in Brazilian labor law that allows you to formally terminate an employment contract while compensating the employee for their notice period without requiring them to work during this time. This legal instrument ensures compliance with Brazilian labor regulations while protecting both employer and employee rights during the termination process.

When do you need this document?

You need an Aviso Prévio Indenizado CLT when terminating an employment contract without cause and you prefer to release the employee immediately rather than having them work through their notice period. This situation commonly arises when employers need to protect confidential information, avoid workplace disruption, or when the employee's position involves sensitive responsibilities. The document is also necessary when the employee's continued presence might negatively impact team morale or business operations, or when you want to expedite the transition process for both parties.

Key legal considerations

Several critical legal aspects must be addressed when drafting this document. The notice period calculation follows Lei 12.506/2011, which establishes a minimum of 30 days plus 3 additional days for each year of service, capped at 90 days total. The compensation amount must equal the employee's regular salary for the notice period, including proportional benefits. You must ensure the document clearly identifies both parties, specifies the termination reason, calculates the exact notice period based on service time, and details the compensation amount. The document should also address the projection of the notice period for legal purposes, including FGTS deposits, social security contributions, and vacation accrual. Additionally, you must consider integration with other termination payments such as proportional 13th salary, vacation pay, and any applicable severance benefits.

Legal requirements in Brasil

Brazilian law mandates specific requirements for valid Aviso Prévio Indenizado CLT documents. Under Constituição Federal Art. 7º, XXI, employees have a constitutional right to proportional notice based on service time. CLT Art. 487 establishes general notice rules, while CLT Art. 489 defines specific conditions and consequences. The document must comply with TST Súmula 441, which confirms that proportional notice rights exclusively benefit employees, and TST Súmula 305, which guarantees payment even for compensated notice periods. You must include complete party identification with full names, CPF/CNPJ numbers, addresses, and job positions. The document requires formal declaration of contract termination, precise notice period specification following proportionality rules, detailed compensation calculation, and clear termination date indication. All labor obligations during the notice period must be properly addressed, including social security and FGTS contributions, and the document should be signed by both parties with witness signatures when applicable.