Demissão com Aviso Prévio Trabalhado Template for Brasil

When you need to terminate an employment relationship in Brazil while allowing the employee to work during the notice period, a Demissão com Aviso Prévio Trabalhado provides the legal framework to ensure compliance with Brazilian labor law. This document formalizes the termination process while respecting constitutional and statutory requirements for advance notice.

When do you need this document?

You need this document when terminating an employment contract where the employee will continue working during the notice period rather than receiving payment in lieu of notice. This applies whether the termination is initiated by the employer for reasons such as restructuring, performance issues, or economic factors, or by the employee who wishes to resign while maintaining professional relationships. The document is essential for companies operating in Brazil who need to demonstrate compliance with labor regulations and for employees who want to ensure their rights are protected during the transition period. It's particularly important in industries where knowledge transfer is crucial or where immediate departure would harm business operations.

Key legal considerations

The notice period must comply with proportionality rules established by Lei 12.506/2011, starting with a minimum 30-day base period plus three additional days for each year of service, capped at 90 days total. You must include provisions for the mandatory two-hour daily reduction in working hours or seven consecutive days off for job searching, as required by CLT Article 488. The document should clearly specify the calculation method for the notice period, the employee's continued obligations during this time, and the employer's responsibilities for maintaining all employment benefits. Critical clauses must address salary payments, vacation entitlements, FGTS deposits, and the final settlement process. You should also include provisions for immediate termination if either party breaches their obligations during the notice period, and ensure compliance with CLT Article 477 regarding final payment deadlines.

Legal requirements in Brasil

Brazilian law mandates specific formal requirements for employment termination documents under the CLT. The document must include complete identification of both parties, including the employer's CNPJ and corporate information, and the employee's CPF, CTPS number, and position details. You must specify the exact start date of the notice period and provide detailed calculations showing how the notice duration was determined based on length of service. The termination must comply with Constitutional Article 7, XXI, which guarantees proportional advance notice, and follow CLT procedures for final payments and documentation. Additionally, the document must address FGTS contributions, potential unemployment insurance eligibility, and compliance with collective bargaining agreements if applicable. Regional labor courts may have specific formatting or content requirements, so you should verify local practices in your jurisdiction within Brazil.