Termination payments
Outstanding wages, notice pay, holiday pay, the thirteenth-month salary, FGTS and unemployment benefit documents vary according to the form of departure.
Brazilian Employment Law · Employees
I have been dismissed: checking termination payments and the employment contract
The termination statement records the amounts calculated when employment ends. Review may also cover working hours, FGTS deposits, supplements, duties performed and events during the contract.
General legal information. Any entitlement depends on the facts, records, collective rules and, where applicable, expert evidence.
Document review
Termination, payslips, FGTS and working hours examined together
Multidisciplinary education
Law, Accounting and Economics
In person and online
Ceilândia Sul, Brasília/DF, and nationwide advice in Brazil
Review starts before proceedings
The TRCT does not tell the whole story of the contract
The termination statement shows how the final settlement was calculated. It does not replace examination of records produced during employment.
Outstanding wages, notice pay, holiday pay, the thirteenth-month salary and FGTS are starting points. Differences may also appear in timecards, statements, receipts, work messages, expert reports and collective agreements.
A responsible assessment separates what has been paid, what needs recalculating and what depends on evidence. Not every discrepancy requires proceedings: the appropriate route is chosen only after understanding the documents and risk.
Court costs, agreed lawyers' fees, court-awarded fees and court fee relief are different matters. ADI 5766 changed some collection rules for recipients of relief, but does not justify treating a claim as free from all risk.
Situations we assess
Situations that commonly arise after dismissal
Classification depends on the form of departure and what happened during employment.
- Dismissal without cause and checking termination payments
- Dismissal for cause, resignation or termination by agreement
- Missing FGTS deposits or discrepancies in the statement
- Overtime, breaks and inconsistent time records
- Unhealthy or dangerous working conditions supplements subject to evidence
- Differences in role, remuneration or amounts paid off the record
- Outsourcing and possible liability of the client company
- Accident, absence or illness related to work
Areas of assessment
Issues that may need checking
The list helps identify relevant issues, but cannot establish that a particular payment is due without examining the case.
Working hours and breaks
Timecards, rotas, messages and witnesses may be relevant where working hours or breaks are disputed.
FGTS
The detailed statement allows deposits in Brazil's Length of Service Guarantee Fund to be checked month by month and compared with payslips.
Working environment
The Brazilian insalubridade and periculosidade supplements depend on legal classification and, as a rule, technical assessment of actual conditions.
Role and remuneration
Job description, actual tasks, collective agreements and receipts help assess allegations of pay differences.
Outsourcing
The contract between companies, place of work and oversight of obligations affect each party's liability.
Accident or illness
Medical documentation, CAT accident notification, INSS history and a description of activities help assess causation, protected employment and compensation.
Form of departure
Dismissal for cause, resignation, agreement and rescisão indireta have different requirements and consequences.
Would you like to organise your documents before deciding?
Initial advice identifies the facts, periods and records that need checking.
Employment time limits
The contract end date needs checking
As a general rule, the Brazilian Constitution allows two years after the contract ends to bring proceedings, and limits recovery to entitlements from the five years before the claim is filed.
2 years
General period from the end of employment for bringing an employment claim.
5 years
General reach of entitlements preceding the claim, subject to the particular circumstances.
Do not wait until the deadline to gather documents. The relevant date and any exceptions must be confirmed individually.
Organising documents
What helps with assessment
You do not need every document at first contact. The aim is to identify what exists and what will need to be requested.
Employment record book and contract
Entries for commencement, role, salary, changes and leaving date.
TRCT and supporting documents
Employment termination statement (TRCT), notice, payment receipt and forms supplied.
Payslips and FGTS statement
Available payslips and the detailed statement obtained through the FGTS app.
Working hours
Timecards, rotas, access records and work messages preserved lawfully.
Collective agreements
Agreements applicable to the occupational category and period worked.
Health and safety
Medical certificates, CAT accident notifications, communications, examinations and equipment issue records, where related to the case.
Transparency
What does not establish an entitlement by itself
The activity, sector or an isolated impression cannot replace assessment of facts and evidence.
- Dismissal without cause is not, in itself, unlawful.
- Performance targets, warnings or workplace conflict do not automatically give rise to non-material damages.
- Supplements depend on actual conditions, classification and, where necessary, expert evidence.
- An item correctly recorded and paid must not be claimed again.
- A request for rescisão indireta or reversal of dismissal for cause requires evidence consistent with the seriousness alleged.
Legal services
How assessment is organised
The approach is determined by the documents, facts and objective described during the consultation.
- 01
Check the departure
Identify the form of termination, dates, documents supplied and payments made.
- 02
Reconstruct the employment contract
Organise the role, working hours, remuneration, environment, absences and changes during the period.
- 03
Calculate using verifiable assumptions
Separate documented differences, matters dependent on evidence and issues without sufficient support.
- 04
Choose the appropriate measure
Advice, an attempt at an agreed resolution or a claim are assessed according to the case.
Who will assist you
Alex Rodrigues Alves
A Brazilian lawyer specialising in Employment Law and Procedure and Social Security Law, with a background in Law, Accounting and Economics.
Accounting training assists in reading payslips, statements, calculation bases and effects on other entitlements. Specialisation in employment law helps connect these records with the facts and applicable rules, without confusing an estimate with a proven right.
Responsible professional: Alex Rodrigues Alves
OAB/DF nº 46.260 | OAB/GO nº 64.591 | OAB/SP nº 508.634 | OAB/MG nº 230.667 | OAB/ES nº 44.334 | OAB/PR nº 136.193
Frequently asked questions
Questions before first contact
General answers for guidance. Conclusions depend on the records and circumstances of each contract.
I signed the termination statement. Can I still check other entitlements?
Yes. Signing does not, in itself, prevent examination of items not specified in the document or differences relating to the employment contract. The scope of any discharge depends on the document, amounts and form of termination.
How long do I have to seek advice?
As a general rule, a claim in Brazil's Labour Courts must be filed within two years after the contract ends and covers amounts from the five years preceding filing. Specific situations, such as occupational accidents or illness, require their own assessment.
Is there a deadline for the company to make termination payments?
Article 477, paragraph 6, of the CLT generally sets a deadline of ten days from the end of the contract for payment and delivery of termination documents. Any penalty depends on the circumstances of the delay.
What if I lose one of the claims in the proceedings?
Brazil's Labour Courts provide for court-awarded lawyers' fees payable by the unsuccessful party. In ADI 5766, the STF struck down parts of the rules allowing expert fees to be charged and court awards obtained by recipients of court fee relief to be used for that purpose. Eligibility for relief and litigation risk must be explained before filing; proceedings always require a risk assessment.
I was dismissed for cause. Can this be reviewed?
Dismissal for cause requires serious misconduct, proportionality, a prompt response and evidence. Review depends on the reason used, internal investigation and available documents.
What is rescisão indireta?
It is termination requested by the employee on grounds of a serious breach attributed to the employer, in the circumstances under article 483 of the CLT. It must not be presumed or pursued without consistent evidence.
I worked through a legal entity or as an MEI. Could I have employee status?
The contract's name does not settle the matter alone. Assessment considers how the work was performed, including personal performance, regularity, remuneration and subordination, as well as applicable case law. MEI is Brazil's individual microentrepreneur category.
How much am I owed?
No reliable estimate can be made before checking the contract, payslips, working hours, FGTS, termination documents and any collective agreements. Calculations must separate provable amounts from possibilities still dependent on evidence.
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WhatsApp messages can be received in different languages. Telephone calls are available in Portuguese, English and Spanish.
Initial contact
Explain the working context
Tell us the role, period worked, leaving date and form of departure, and which document or payment raised a question.
Do not send identity documents, bank details, medical examinations or detailed intimate accounts through the initial form. If assessment proceeds, the firm will indicate an appropriate channel.
Prefer to speak directly?
In-person appointments in Ceilândia Sul, Brasília/DF, Brazil, and online advice for other cities and states.
QNM 01 Conjunto H, Lote 40, Sala 102, Ceilândia Sul, Brasília/DF, CEP 72215-018
Monday to Friday, 8 am to 5 pm.
Official sources and related pages
Legislation and institutional guidance