Severance, holiday pay and 13th salary
What is owed in each situation, with formulas and deadlines from the CLT.
Official source Confirm on the official site
What you receive by type of termination
| Dismissal without cause | salary balance, notice, accrued and proportional holidays + 1/3, proportional 13th, 40% FGTS fine, FGTS withdrawal and unemployment insuranceOfficial source |
|---|---|
| Resignation | salary balance, accrued and proportional holidays + 1/3, proportional 13th. No fine, no FGTS withdrawalOfficial source |
| Mutual agreement (art. 484-A) | half the notice, 20% FGTS fine, withdrawal of up to 80% of FGTS; no unemployment insuranceOfficial source |
| Dismissal for cause | only salary balance and accrued holidays + 1/3Official source |
Holidays and 13th salary
| Holidays | 30 days after 12 months, paid with an extra third, up to 2 days before they startOfficial source |
|---|---|
| 13th salary, first instalment | by 30 November, 50%, no deductionsOfficial source |
| 13th salary, second instalment | by 20 December, with INSS and IRRF deductedOfficial source |
| Deadline to pay severance | 10 calendar days after the contract endsOfficial source |
Official sources
FAQ
Do I get FGTS if I resign?
No. Withdrawal applies to dismissal without cause, mutual agreement (up to 80%) and a few other cases such as buying a home.