You may choose to waive the notice period, allowing the employee to leave immediately. If the employee doesn't work the notice period, you can deduct up to 30 days' salary from the final paycheck. Conversely, you cannot deduct anything if you waive the notice.

Upon resignation, you must provide:

• Termo de Rescisão do Contrato de Trabalho (TRCT) – Official employment termination form

• Payment receipts – Detailing all end-of-service calculations (vacation, 13th salary, deductions, etc.)

• CTPS (Carteira de Trabalho e Previdência Social) – Must be updated (electronically or physically) with the termination date

• FGTS statement – Showing deposits up to the termination date

• Payslip (holerite) – For the final payment

• Communication of Termination (Comunicação de Dispensa) – For statistical and government control purposes

Termination for just cause doesn't require prior notice.

• Termination Letter (Carta de Dispensa por Justa Causa): A formal letter specifying the legal reason for dismissal (based on one of the grounds listed in CLT, Article 482). Must be clear, specific, and dated. The misconduct must be described objectively. Serves as formal communication to the employee.

• TRCT (Termo de Rescisão do Contrato de Trabalho): Standard termination form required by the Ministry of Labor. Must indicate that the termination is for just cause. Summarizes payment of accrued entitlements (e.g., final salary, accrued vacation). Required for all types of terminations.

• Payslip for Final Payment (Holerite de Rescisão): Itemized statement of days worked, accrued vacation (if any), any deductions (e.g., salary advances, INSS), and any other legal earnings

• Updated CTPS (Carteira de Trabalho e Previdência Social): You must update the termination date in the employee's digital or physical work card (CTPS). The reason for dismissal isn't legally required to appear in the CTPS—only the termination date and type of contract.

• FGTS Statement (Extrato do FGTS): Statement of deposits made up to the date of termination. Even though the employee cannot withdraw the FGTS, this document proves compliance by the employer.

• INSS Payment Guide (Guia de Recolhimento do FGTS e Informações à Previdência Social - GFIP): Shows that you submitted information to the Social Security system and paid the required contributions up to the termination date

• For employees paid weekly or more frequently: eight days' notice is required

• For those paid less often or who have been with the company for at least one year: a minimum of 30 days' notice is necessary, with an additional three days added for each year of service, up to a maximum of 90 days

During the notice period, employees are allowed up to two hours of paid leave each day. Alternatively, employees paid weekly or more frequently may take one full paid day off, while those paid less frequently or with at least one year of service can take seven full paid days off.

Payment in lieu of notice or notice waiver: If you fail to provide the required notice, the employee must be compensated with their regular salary for the entire notice period.

• Termination Letter (Carta de Dispensa Sem Justa Causa): Formal communication stating that the contract is being terminated without cause, including the termination date and whether the notice is worked or indemnified.

• TRCT (Termo de Rescisão do Contrato de Trabalho): Official termination form indicating the type of dismissal (without cause) and all amounts due, such as salary balance, 13th salary, vacation, and FGTS. Must be signed by both employer and employee.

• TRCT Payment Receipt (Termo de Quitação): Document signed by the employee acknowledging receipt of final payments. Although not mandatory, it is common practice.

• CTPS Update (Carteira de Trabalho e Previdência Social): Registration of the termination date in the employee’s digital CTPS (via eSocial) or physical CTPS, if applicable.

• FGTS Documents: FGTS payment receipt for the month of dismissal and the GRRF (Guia de Recolhimento Rescisório do FGTS), including the 40% FGTS penalty and any applicable social contribution. The employee is entitled to withdraw the FGTS balance.

• Unemployment Insurance Form (Requerimento do Seguro-Desemprego): Official form provided to eligible employees so they can apply for unemployment insurance.

• Payslip for Final Payment (Holerite de Rescisão): Payslip detailing the breakdown of all final amounts paid to the employee.

By mutual agreement, the notice period can be waived, but no payment is due in that case. Alternatively, the parties may agree to pay in lieu of notice, but only half the value is required.

• Mutual Termination Agreement (Distrato por Acordo): Written agreement referencing CLT Article 484-A, signed by both parties, specifying the termination date and financial terms

• TRCT (Termo de Rescisão do Contrato de Trabalho): Must indicate the termination as “Rescisão por Acordo entre as Partes” and show all calculated payments and deductions

• Termination Payment Receipt: Itemized final payslip (holerite de rescisão) showing all amounts paid

• CTPS Update: Termination recorded in the employee’s digital CTPS (via eSocial) or physical work card, if still in use

• FGTS Documentation: GRRF (Guia de Recolhimento Rescisório do FGTS) showing the 20% FGTS fine and authorization for the employee to withdraw up to 80% of the FGTS balance

A fixed-term employment contract typically ends upon the expiration of its agreed duration. In such cases, you must provide the same end-of-service benefits as in a resignation scenario (proportional 13th salary, accrued vacation + ⅓ bonus, proportional vacation + ⅓ bonus), but no severance or FGTS penalty applies.

For termination of foreign employees (expats) working in Brazil under a valid work visa, you must:

• Notify the Ministry of Justice and Public Security and the Federal Police, depending on the visa type

• Update eSocial and SEF/Migrante: The termination must be reported in the eSocial system and, when applicable, in the Migrante platform

• Ensure the employment contract matches the visa type

• For certain visa types (e.g., VITEM V), the employer may be liable for repatriation costs

• Upon termination, the visa and/or work authorization may be cancelled or may require modification