Rescisão Comum Acordo Aviso Prévio Template for Brasil

When you need to terminate an employment relationship by mutual agreement in Brazil, the Rescisão Comum Acordo Aviso Prévio provides a legal framework for consensual contract termination. This document was established by the Labor Reform (Lei 13.467/2017) and allows both employers and employees to end their working relationship amicably while ensuring compliance with Brazilian labor law requirements.

When do you need this document?

You need this agreement when both employer and employee voluntarily decide to terminate the employment contract. This situation commonly arises when companies need to reduce workforce but want to avoid the full costs of unilateral termination, or when employees wish to leave but prefer negotiated terms rather than resignation. The mutual agreement option is particularly useful during economic downturns, business restructuring, or when employees receive better job offers and seek favorable exit terms. Unlike traditional dismissal or resignation, this approach requires explicit consent from both parties and must follow specific legal procedures outlined in Brazilian labor legislation.

Key legal considerations

The agreement must clearly establish the mutual consent of both parties and specify all applicable severance benefits. Under Article 484-A of the CLT, employees receive half of the advance notice payment and half of the FGTS penalty (20% fine), while maintaining rights to unemployment insurance and FGTS withdrawal. The advance notice period must be calculated according to Lei 12.506/2011, considering the employee's length of service. You must ensure proper documentation of the mutual decision to avoid future labor disputes. The agreement should detail all amounts due, including proportional vacation pay, 13th salary, and any outstanding wages. Both parties must sign the document voluntarily, and the employee cannot later claim wrongful dismissal if proper procedures are followed.

Legal requirements in Brasil

Brazilian law mandates specific compliance steps for mutual termination agreements. The document must be registered with the Ministry of Labor within established deadlines, and payments must be made within 10 days of contract termination. For employees with more than one year of service, union representation or Labor Ministry supervision may be required during the signing process. The advance notice calculation must follow Article 487 of the CLT and Lei 12.506/2011 provisions, ensuring proper proportional payment based on service time. FGTS contributions must be updated, and the employer must provide all required documentation for unemployment insurance claims. The agreement must explicitly state that termination is mutual and voluntary, protecting both parties from future legal challenges under Brazilian labor courts.