Modelo de Aviso Prévio Acordo entre as Partes Template for Brasil

When you need to terminate an employment relationship by mutual agreement in Brasil, the Modelo de Aviso Prévio Acordo entre as Partes provides the legal framework to formalize this process. This document ensures both employer and employee comply with Brazilian labor regulations while protecting the rights of both parties during contract termination.

When do you need this document?

You'll need this agreement when both parties wish to end the employment relationship amicably and want to avoid the complexities of traditional dismissal procedures. This document is particularly valuable when an employee wants to leave but doesn't want to lose certain benefits, or when an employer needs to reduce staff but wants to maintain good relationships. The mutual agreement format allows for more flexible negotiation of terms while ensuring compliance with mandatory labor protections. Companies often use this during restructuring processes or when employees receive better job offers elsewhere.

Key legal considerations

The agreement must clearly identify both parties with complete details including employer's corporate name, CNPJ, and address, plus employee's full name, CPF, work card number, and position. You must specify the exact last working date and detail all severance payments including half of the prior notice period and reduced FGTS penalty. The document should include provisions for unused vacation pay, proportional 13th salary, and any other applicable benefits. Remember that under this modality, the employee receives 50% of the FGTS fine instead of the full 40%, and can withdraw up to 80% of their FGTS balance. All calculations must follow CLT guidelines and recent jurisprudence from labor courts.

Legal requirements in Brasil

Under CLT articles 487-491 and Lei 12.506/2011, the agreement must respect minimum prior notice periods, which can extend up to 90 days based on length of service. The Labor Reform (Lei 13.467/2017) specifically authorizes this termination method under Article 484-A, establishing the legal framework for mutual agreements. You must ensure the employee has worked for at least 18 months to access unemployment benefits under this modality. The agreement requires signatures from both parties and, in some cases, union approval depending on collective bargaining agreements. Documentation must be submitted to the Ministry of Labor within specific timeframes, and all mandatory labor registry updates must be completed through government systems like eSocial.