What is prior notice (aviso prévio)?
Prior notice (aviso prévio) is the advance communication that an employment contract is going to end — an obligation that applies to both sides. The minimum period is 30 days and, when the company dismisses without cause, 3 days are added per full year of service, up to a 90-day cap (Law 12,506/2011).
It can be worked or indemnified (paid in lieu). With worked notice, the employee serves the period with the right to a 2-hour daily reduction or 7 consecutive days off. With indemnified notice, the company pays for the period without requiring the work — and the notice time counts as service time, extending pro-rated vacation and 13th salary.
When it is the employee who resigns and does not serve the notice, the company may deduct the equivalent amount (limited to 30 days) from the severance settlement.
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An employee with 5 years of service and a R$ 3,000 salary is dismissed without cause: notice of 30 + 15 days (3 per year) = 45 days. If indemnified, they receive R$ 4,500 in notice alone, and the 45 days still add extra twelfths of vacation and 13th salary.
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