Notice Period
Employment contracts in Brazil are subject to a trial period, which may vary depending on the employment contract. Once the trial period has passed, the employment contract may be cancelled if proper notice is given as follows:
- Up to one year of service: one month’s notice (at the end of a month).
- As of the second year of service and up to the completion of the ninth year of service: two months’ notice (at the end of a month).
- As of the tenth year of service and later: three months’ notice (at the end of the month).
- Please note that your company policy might stipulate a different notice period, but it may not be less than one month.
Termination of the employment contract should be communicated via registered mail by either party. A letter notifying the intention to end the contract must reach the employer or the employee by the last working day of the month for the notice to be effective for that month. The notice period begins after the receipt of this letter and the salary continues to be paid during the notice period according to the employment contract. The final salary payment should include a prorated 13th monthly salary (if a 13th month salary payment is part of the employment contract) and any residual vacation balance should be taken during the notice period or paid in full. On a related note, the employment contract will automatically terminate on the last working day of the month that the employee reaches retirement age, unless a separate agreement is made between the employer and employee.