CLT Contract Termination Calculator - Labor Rights
Simulate the severance pay for dismissal from an employment contract free of charge under the CLT rules. Calculate thirteenth, vacations and fines.
What is the purpose?
This calculator simulates the complete termination values of a CLT contract: salary balance, prior notice (worked or compensated), vacation due and proportional with 1/3, proportional 13th salary, FGTS for the period and a fine of 40% of the FGTS. Complete coverage of all types of termination.
Formula Used
- Salary Balance:
Saldo = Salário30 × Dias Trabalhados no Mês
- 13th Proportional:
13º Proporcional = Salário12 × Meses Trabalhados com ≥ 15 dias
- FGTS fine:
Multa (Sem Justa Causa) = Saldo do FGTS × 0.40
How to interpret the result?
The result displays a complete statement with a detailed breakdown of the funds receivable (credits) and the amounts retained or deducted (debits), providing the final net balance to be paid by the employer.
Practical Examples
Worker dismissed without cause on July 15th, with a salary of $3,000.00 and hired on January 1st of the same year (advance notice worked, no vacation due):
- Salary balance (15 days): $ 1,500.00
- 13th proportional salary (7/12): $ 1,750.00
- Proportional vacations (7/12): 1.750,00 + 583.33 (1/3) = $ 2,333.33
- INSS/IRRF discounts will be applied to the salary balance and the 13th proportional.
Usage Tips
- Dismissal without just cause grants the right to withdraw the entire accumulated balance of the FGTS account and a 40% termination fine, in addition to access to unemployment insurance.
- Upon resignation, the worker loses the right to paid notice (unless he/she works the period), does not withdraw the FGTS and does not receive unemployment insurance.
- In common post-Labor Reform agreements, the FGTS fine drops to 20% and the worker withdraws 80% of the deposited balance.
Important Observations
The values generated are informative estimates based on 2024 legislation and do not replace the official calculation of a company's human resources sector.
Frequently Asked Questions (FAQ)
What happens to those who are fired for just cause?
Upon dismissal for just cause, the worker loses most of his termination rights, receiving only the balance of the month's salary and 1/3 of the vacation pay (if any). He loses the proportional 13th, proportional vacations, FGTS withdrawal, unemployment insurance and the termination fine.
What is the deadline for paying severance pay?
According to article 477 of the CLT, the employer has up to 10 calendar days from the end of the employment contract to pay severance pay.
What are the main severance pay for unfair dismissal?
The worker is entitled to the balance of salary, advance notice (worked or compensated), proportional 13th salary, proportional and accrued vacations (+1/3), FGTS withdrawal with a 40% termination fine and guides to qualify for unemployment insurance.
What is deducted upon contract termination?
Proportional INSS and IRRF can be deducted from the balance of salary and 13th, in addition to unexcused absences, outstanding balance of transport vouchers/meal vouchers, salary advances and co-participation in health plans.
What is proportional notice and when does it apply?
Proportional advance notice was established by Law 12,506/2011. The minimum term is 30 days, plus 3 days per full year of service, up to a maximum of 90 days. Thus, anyone who works for 1 year has 33 days notice; at 5 years, 45 days; at 20 years old, 90 days (maximum). It applies to both the employer and the employee's notice in the event of a resignation.
How to calculate the 40% FGTS fine?
The termination fine is 40% of the total FGTS balance, calculated on all deposits made during the contract (including interest and correction), not just those from the last month. Additionally, there is a social contribution of 10% on the same balance allocated to the federal government. The employer must deposit these amounts into the worker's FGTS linked account within the legal deadline.
What is the difference between termination for just cause and without just cause?
Upon dismissal without just cause, the worker receives the balance of salary, indemnified notice, vacation + 1/3 (expired and proportional), 13th proportional, and can withdraw the FGTS with a 40% fine. When dismissal for just cause (serious misconduct such as abandonment, drunkenness, dishonest act), the worker only receives the balance of salary and accrued vacation, without prior notice, without proportional 13th and without access to FGTS.
When resigning, what funds does the worker receive?
Upon resignation, the worker receives: salary balance, accrued vacation + 1/3 (if any), proportional vacation + 1/3 and proportional 13th salary. You do not receive: advance notice compensated by the employer (the worker is the one who must comply or be deducted if he does not comply), a fine of 40% of the FGTS and cannot withdraw the FGTS balance immediately (only in specific later situations).