Advance notice in 2025: CLT rules, deadlines and workers' rights
- DBS Partner
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The Brazilian labor market, governed by the Consolidation of Labor Laws (CLT), maintains advance notice as one of the pillars of labor relations, ensuring a balance between employers and employees in times of termination. This mechanism, provided for by law, establishes deadlines and conditions for the termination of indefinite-term contracts, whether initiated by the employee or the company. In 2025, the rules remain anchored in the CLT, but details such as proportional terms, discounts, and specific rights continue to raise doubts. The legislation seeks to protect both parties, offering time for the employee to seek new employment and for the company to organize a replacement.
The legal basis for advance notice is Article 7 of the Federal Constitution, which guarantees the right, and Articles 487 to 491 of the CLT, which detail its application. When the employer dismisses an employee without just cause, the employee is entitled to a paid transition period, generally 30 days, which may be extended depending on their length of service. When an employee resigns, they must serve their notice period or pay compensation to the company if they choose not to work during that period. These rules, established decades ago, remain in effect and were supplemented by Law No. 12,506/2011, which introduced proportional notice periods.
In recent years, this issue has gained relevance with the increase in layoffs in sectors impacted by economic crises and technological change. Data from the General Registry of Employed and Unemployed Persons (Caged) show that in 2024, approximately 20 million layoffs were recorded in Brazil, many of them involving the serving of notice periods or compensation. In 2025, with the gradual recovery of some sectors, such as retail and construction, turnover remains high, reinforcing the importance of understanding the applicable rules.
What is advance notice period and its purpose?
Defined as a mandatory notification, notice period serves to prevent contract termination from causing immediate harm. It guarantees the employee a period to seek new employment and the company time to adjust its operations. The Consolidation of Labor Laws (CLT) establishes that notice period is due in indefinite-term contracts, except in cases of just cause, in which case the dismissal is immediate. The notice period must be clear and, preferably, written to avoid legal challenges.
How it works varies depending on the party taking the initiative. If the company lays off an employee, the employee can choose to work during the period, with a reduction of two hours per day or seven days in total, or receive the corresponding amount without working the term. When the employee resigns, they must work the full 30 days or have the amount deducted from their severance pay balance if they fail to do so. These conditions seek to balance the needs of both parties, but they frequently raise questions, especially regarding deadlines and calculations.
Types of advance notice provided for in the Consolidation of Labor Laws (CLT)
Brazilian law defines three main types, each with specific characteristics:
Worked notice period: The employee serves the period, with reduced hours if dismissed, and receives their normal salary.
Indemnified notice period: The party taking the initiative pays the amount corresponding to the period, without the need for work.
Proportional notice period: For employees with more than one year at the company, the notice period increases by three days per year of service, up to a limit of 90 days. This period applies only to unfair dismissals.
These options allow flexibility but require attention to contractual details and the employee's length of service.
Proportional Notice Period and Its Calculations
The introduction of proportional notice periods, regulated in 2011, brought significant changes to unfair dismissals. Employees with more than one year at the same company are entitled to extended notice periods, which increase with the length of their employment. After the first year, three days are added for each full year, up to a maximum of 60 additional days, totaling 90 days. Thus, an employee with 10 years of service will be entitled to 60 days' notice (30 basic days + 30 proportional days).
The calculation considers only full years, and the employer must pay the amount corresponding to the full period if they opt for severance pay. For example, an employee with a salary of R$3,000.00 and 15 years with the company will be entitled to 75 days' notice, equivalent to approximately R$7,500.00, if compensated. This mechanism benefits long-term employees but increases costs for companies, which often negotiate agreements to reduce expenses.
Furthermore, the proportional period only applies when the employer initiates the dismissal. If the employee resigns, the period remains fixed at 30 days. This distinction reinforces employee protections but also requires companies to carefully plan their termination decisions.
Rights and Duties During the Notice Period
During the notice period, employees retain all employment rights, such as salary, transportation allowances, and contractual benefits. The reduction in working hours, provided for in Article 488 of the Consolidation of Labor Laws (CLT), allows employees to organize their transition without financial loss. However, they must maintain their usual performance, as unjustified absences or failure to fulfill obligations may lead to dismissal for cause, canceling the notice period benefits.
The company, in turn, must comply with the conditions established by law, such as formal notification and correct payment. Irregularities, such as lack of notification or undue deductions, can give rise to labor lawsuits. Data from the Superior Labor Court (TST) indicate that, in 2024, approximately 15% of labor claims involved disputes related to notice period, especially regarding amounts and deadlines.
Main Questions About Notice Period
Discount upon resignation: If the employee fails to comply with the notice period, the company may deduct up to one month's salary from the severance balance.
Absences during the period: Unexcused absences may reduce pay proportionally or, in serious cases, justify dismissal for cause.
Notice Period and Vacation: The period does not interrupt vacation calculations, but the employee cannot take vacation during the notice period.
Dismissal by Agreement: Introduced by the 2017 Labor Reform, this allows both parties to agree on the termination, with notice reduced by half.
These clarifications help avoid conflicts and ensure that the process follows legal standards.
Impacts on the Labor Market
Notice period has a direct impact on market dynamics. For workers, it offers temporary financial security, but it may be insufficient in contexts of high competition for jobs. Sectors such as technology and services, which faced restructuring in 2024, saw an increase in the number of severance agreements, with notice period being one of the main issues negotiated. Companies, especially small and medium-sized companies, face challenges in covering the costs of proportional notice, leading some to prefer severance pay.
Turnover also influences the economy. In periods of growth, such as that expected for retail in 2025, hiring and layoffs tend to accelerate, increasing the importance of notice period. On the other hand, in more unstable sectors, such as construction, which has experienced fluctuations in recent years, compliance with the worked notice period is less common, with employers opting for severance pay to streamline processes.
Deadlines and Regional Specificities
Although the Consolidation of Labor Laws (CLT) is applied nationwide, regional practices can influence the enforcement of advance notice. In states with a strong industrial presence, such as São Paulo and Minas Gerais, unions often negotiate specific conditions, such as extended benefits during the period. In regions with high informality, such as the North and Northeast, many workers are unaware of their rights, which increases the number of irregularities.
The deadlines, however, are uniform. The basic 30-day notice period is standard, but the proportional period varies according to length of service. An employee with 20 years at the same company, for example, will be entitled to 90 days, which can represent a significant cost for the company or essential protection for the employee. These rules, although clear in the legislation, require attention to avoid calculation errors or noncompliance.
Practical Aspects of the Worked Advance Notice
Enforcing advance notice in the workplace involves challenges for both parties. Employees, often unmotivated, need to maintain productivity, while the company must ensure that the organizational climate is not compromised. In sectors such as retail and customer service, where physical presence is essential, working notice is more common. In administrative or technology areas, however, severance pay is preferred, especially when confidentiality is involved.
Reduced working hours are one of the benefits most valued by employees. The ability to leave two hours early or take seven days off at the end of the shift facilitates the pursuit of new opportunities. However, enforcement of this right is not always rigorous, and many employees report difficulties in exercising it, especially in small companies.
Special Cases and Exceptions
Some situations alter the application of the notice period. Trial-term contracts, for example, do not require notice, as they have a fixed term. Similarly, dismissals for just cause waive payment or compliance, but require clear proof of serious misconduct. The Labor Reform also introduced dismissal by agreement, which reduces the notice period by half and changes other rights, such as access to the FGTS (Severance Fund for Severance Indemnity Fund).
Pregnant women and workers on temporary tenure, such as members of the Internal Accident Prevention Commission (CIPA), have additional protection. If irregularly dismissed during the notice period, they may demand reinstatement or compensation. These specificities reinforce the complexity of the issue and the need for legal guidance in specific cases.
Overview of Notice Periods in 2025
With the Brazilian economy recovering, notice period remains a central mechanism in labor relations. The expectation for 2025 is an increase in formal employment, especially in sectors such as commerce and services, which should increase the number of terminations and, consequently, the application of notice period. Preliminary data from the Ministry of Labor indicate that the creation of formal jobs could grow 5% compared to 2024, directly influencing the dynamics of layoffs.
Companies also face pressure to comply with legislation in a context of increased oversight. Agencies such as the Public Ministry of Labor have stepped up efforts against irregularities, such as undue deductions or failure to pay proportional notice. For workers, awareness of their rights is growing, driven by digital platforms and unions, which provide accessible information.
Details that make a difference
Some practical aspects help clarify how advance notice works:
Formal notice: Must be made in writing, with a copy to the employee, to avoid future disputes.
Calculation of proportional notice: Only considers full years, and payment is based on the last salary.
Rights maintained: Benefits such as health insurance and food vouchers must be maintained during the worked notice period.
Collective agreements: May establish additional conditions, such as different deadlines, depending on the sector.
These points, while simple, avoid misunderstandings and ensure compliance with the law.
What to expect in the future
The advance notice legislation, although consolidated, may undergo adjustments with new labor reforms. Discussions in the National Congress, which began in 2024, suggest greater flexibility for agreements between employers and employees, which could impact deadlines and conditions. Meanwhile, the CLT remains a reference, offering a solid framework for labor relations.
Digitalization also transforms the management of advance notice. Human resources systems automate calculations and notifications, reducing errors. For workers, job placement apps and platforms facilitate the transition during this period, especially in large urban centers, where the vacancy availability is greater.
Source: Mix vale
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