Employment contracts can be terminated at any time, as long as the proper notice is given.
Employees who are exempt from this are those that fall under union representatives, members of the Internal Committee for Accidents Prevention (CIPA), pregnant employees, employees with work-related injuries, and employees who fall under certain collective agreements.
Termination must be communicated in writing.
The notice period in Brazil is:
Notice is only required in certain cases.
Termination of the employment agreement initiated by the employer:
- Up to 1 year of employment- 30 days’ notice
- Over 1 year of employment- 30 days’ notice + 3 additional days for each year worked (up to a maximum of 60 additional days)
Termination initiated by the employee:
- The employee must give 30 days’ notice. If the termination is initiated during the probation period, the employee may request to be released earlier than the 30 days.
Termination under mutual consent:
- The notice period is halved.