The moment of terminating an employment contract, whether by decision of the employee or the employer, is full of doubts and uncertainties. One of the main questions is: when exactly does my employment relationship end? The calculation of the final date of the notice period is crucial for financial planning, the search for a new opportunity, and the fulfillment of all legal obligations by the company.
Understanding what notice is and how it works is your right and a safety net for all involved. It was created to ensure a fair transition, giving the employer time to find a replacement and allowing the worker to organize for the next step in their career. However, the rules, especially those involving proportional notice, can lead to confusion.
The aim of this comprehensive guide is to demystify once and for all the calculation of the notice period. Here, you will find not only a detailed explanation of the legislation but also an interactive tool to discover the exact date of the end of your contract. We want this page to become the favorite tool of HR and those who want to understand all their rights upon termination, providing clarity, security, and practicality.
What is notice?
Notice is the formal and mandatory communication that one of the parties (employee or employer) must make to the other about the decision to terminate an indefinite employment contract without just cause. This rule is provided for in the Article 487 of the Consolidation of Labor Laws (CLT).
Its existence is not mere bureaucracy. The notice period has a fundamental social and practical function:
- For the Employer: It guarantees a minimum period for the company to organize the transition, search for a new professional for the position, and train the replacement, thus avoiding a sudden interruption in its operations.
- For the Employee: It provides valuable time for the worker to seek a new position in the market, update their resume, and financially plan for the transition period, without being caught by surprise by job loss.
Historically, this legal figure has evolved to protect both parties, balancing the employment relationship and promoting a more organized and predictable contract termination.
Types of notice: worked and compensated
There are two main modalities for fulfilling the notice period, and the choice between them directly impacts the routine of the worker and the financial obligations of the company at the time of termination.
| Characteristic | Worked Notice | Compensated Notice |
|---|---|---|
| How does it work? | The employee continues to perform their duties at the company during the notice period. | The employee is excused from attending work immediately after the termination notification. |
| Who decides? | Generally, it is a decision of the employer in the case of dismissal. In the case of resignation, the employee indicates whether they will fulfill it. | Generally, a decision of the employer for immediate termination. This can also occur when the employee resigns and does not fulfill the notice period. |
| Worker's Rights | Receives salary normally. Has the right to a reduction of 2 daily hours in the workday or to be absent for 7 consecutive days at the end, without loss of salary, to look for a new job. | Receives the amount corresponding to the salary for the notice period in their termination payments, without needing to work. |
| Practical Implications | The contract only effectively ends on the final date of the notice. Payment of termination payments occurs on the first business day after the end. | Termination is immediate. The company has 10 consecutive days from the notification date to pay the termination payments. |
Practical example:
- Worked: The company dismisses Ana and requests that she fulfills the notice. Ana continues working, and her contract ends 30 days later.
- Compensated: The company dismisses Bruno and excuses him from fulfilling it. Bruno stops working on the same day and will receive the amount of one salary (referring to the notice) in his termination. If Bruno had resigned and did not want to work the 30 days, the company could deduct that amount from his payments.
How to calculate the notice period
The calculation of the notice period is no longer just a fixed 30 days with Law No. 12.506/2011, which established the proportional notice. This rule benefits the worker in cases of dismissal without just cause, adding days to the notice according to their time at the company.
See the detailed step-by-step:
- Base Calculation: Every worker with up to 1 year at the company is entitled to, at a minimum, 30 days of notice.
- Additional for Length of Service: From the first complete year of work, 3 days for each additional year at the same company are added.
- Maximum Limit: The increase is limited to 60 days, which added to the 30 base days totals a maximum notice period of 90 days.
The formula is: Notice Days = 30 + (3 x N), where N is the number of complete years worked at the company after the first one.
Practical Table: Length of Service vs. Duration of Notice Period
| Complete Years at the Company | Total Days of Notice |
|---|---|
| Up to 1 year | 30 days |
| 1 year | 33 days |
| 2 years | 36 days |
| 3 years | 39 days |
| 5 years | 45 days |
| 10 years | 60 days |
| 15 years | 75 days |
| 20 years or more | 90 days (maximum limit) |
Important:
- Dismissal without Just Cause: The proportional calculation (30 + 3 days per year) is a right of the worker. The company must grant this period.
- Resignation Request: When the worker resigns, the notice period to be fulfilled by them is, as a rule, 30 days, regardless of their time at the company.
- Dismissal for Just Cause: There is no right to notice.
Interactive Notice Calculator
No more doubts and manual calculations. Use our tool to instantly find out the final date of your employment contract.
INTERACTIVE CALCULATOR HERE
1. What is the start date of the notice period?
(Field to enter the date: DD/MM/YYYY)
2. How many days of notice?
(Field to enter the number of days)
[BUTTON: CALCULATE FINAL DATE]
Result:
Total Days of Notice: [Result] days
Final Date of Your Contract: [Result]
Your next step: Remember that the payment of termination payments must occur by the first business day after this date (if the notice is worked) or within 10 days of the notification (if compensated).
Explained Result: What to do after the notice period?
Knowing the final date is the first step. Now, it's time to act to ensure that all your rights are respected.
Guidelines for the Worker (Rights Checklist)
- Documents: At the end of the notice, the company must provide the Termination of Employment Contract Term (TRCT) and the forms for requesting unemployment insurance and withdrawing from the FGTS.
- Payment of Termination Payments: Be aware of the deadlines!
- Worked notice: Payment must be made by the first business day after the end of the contract.
- Compensated notice: Payment must be made within 10 consecutive days from the date of notification of the termination.
- Termination Medical Exam: It is the company's obligation to schedule and bear the cost of your termination medical exam, which attests to your health condition at the time of termination.
- Early Dismissal: If you find a new job during the worked notice period, you have the right to be excused from the remainder of the period. Present a confirmation letter from the new employer, and you will not suffer deductions for the remaining days.
Guidelines for HR (Compliance Checklist)
- Legal Deadlines: Non-compliance with the payment deadlines for termination generates a fine in favor of the employee, equivalent to one salary (Art. 477, § 8 of the CLT).
- Correct Calculations: The final date of the notice period, even if compensated, projects into the length of service for all purposes. This means it must be considered in the calculation of proportional vacation, proportional 13th salary, and FGTS.
- eSocial and Digital CTPS: Carry out the termination of the contract in the Digital Work Card and send the termination information to eSocial within the stipulated deadlines to avoid fines and inconsistencies.
Sample Resignation or Notice Letter
Having a formal template helps to avoid misunderstandings and to register the communication clearly and professionally.
Template 1: Resignation Request by the Employee
(Ideal for those who will fulfill the notice period)
To [Company Name] Attn: Human Resources Department (or name of direct manager) Dear Sir/Madam, I hereby formally communicate my decision to terminate my employment contract with this company, in the position of [Your Position]. I inform you that I will fulfill the worked notice period from [Start Date of Notice] to [End Date of Notice - 30 days later], as determined by current legislation. I thank you for the opportunity and the experience gained during the time I was part of this team. Sincerely, _________________________ [Your Full Name] [Your CPF] [City], [Date of Letter Delivery]
Template 2: Dismissal Notification by the Employer
To Mr./Ms. [Employee's Name] Dear Employee, We inform you that, as of this date, your employment contract with [Company Name] will be terminated without just cause. Your notice period will be in the [worked or compensated] modality. [If worked]: The notice period must be fulfilled from [Start Date] to [End Date], totaling [Number] days. During this period, your work hours will be reduced by 2 (two) daily hours, or you may choose to be absent from work for the last 7 (seven) consecutive days. [If compensated]: You are excused from fulfilling the notice period as of today. The corresponding amount will be paid together with your other termination payments, within the legal period of 10 days. We thank you for your services. We request that you report to the Human Resources Department to receive instructions regarding the termination process. Sincerely, _________________________ [Name of HR Manager/Manager] [Position] [Company Name] [City], [Date of Notification]
Practical Guide for HR: How to use this tool in daily operations
HR professional, we know your time is valuable. Use this page to optimize your termination processes:
- Quick Calculation: Bookmark this URL. When starting a termination process, enter the notification date and the employee's years at the company to obtain the exact final date of the contract.
- Payment Planning: Use the final date to schedule the payment of termination payments, avoiding fines and interest for delays.
- Clear Communication: Share the link to the calculator with the area manager or the employee themselves so that everyone is aware of the termination schedule.
