Demissão de Comum Acordo Template for Brasil

A Demissão de Comum Acordo represents a modern approach to employment termination in Brazil, allowing you and your employer to mutually agree on ending the employment relationship under specific legal protections. This agreement type was established by the 2017 Labor Reform and provides a balanced solution that benefits both parties while ensuring compliance with Brazilian labor legislation.

When do you need this document?

You need a Demissão de Comum Acordo when both you and your employer want to terminate the employment contract by mutual consent. This situation commonly arises when companies are restructuring and you're open to leaving, when you've found a new opportunity but want to secure certain benefits, or when there's a mutual recognition that the employment relationship should end amicably. Unlike traditional dismissal or resignation, this agreement allows you to access part of your FGTS funds while providing your employer with cost predictability. The document is also essential when you want to formalize the termination process to avoid future disputes about the nature of the contract ending.

Key legal considerations

Under CLT Article 484-A, you're entitled to specific benefits in a mutual termination agreement. You'll receive 20% of the FGTS penalty instead of the full 40% paid in dismissal without cause, and you're entitled to half of the prior notice payment. However, you forfeit the right to unemployment insurance benefits. The agreement must clearly specify all severance payments including proportional salary, vacation pay, and 13th salary. Both parties must expressly consent to the termination, and the document should include detailed calculations of all amounts due. It's crucial that the agreement demonstrates genuine mutual consent, as any indication of coercion could invalidate the arrangement and potentially reclassify it as dismissal without cause.

Legal requirements in Brasil

Brazilian law requires that mutual termination agreements comply with CLT Article 477 regarding payment deadlines and documentation. The severance payment must be made within 10 days of contract termination, and all calculations must be transparent and verifiable. The agreement must include complete identification of both parties, including CPF/CNPJ numbers, addresses, and employment details. Labor unions may need to be notified depending on collective bargaining agreements in your sector. Additionally, the employer must provide proper work documentation including the updated work card (CTPS) and necessary forms for FGTS withdrawal. The agreement should specify that you can withdraw up to 80% of your FGTS balance, and all tax obligations must be clearly addressed to ensure compliance with federal revenue requirements.