What is proportional vacation?
Proportional vacation (férias proporcionais) is the fraction of vacation pay corresponding to a still-incomplete accrual period. In Brazil, the right to 30 days of vacation accrues every 12 months of work; a worker terminated before completing that cycle receives, in cash, 1/12 of their pay per month worked — with fractions of 15 days or more counting as a full month.
The constitutional 1/3 bonus applies to proportional vacation, the same as for regular vacation. It is paid on termination in nearly every kind of departure — including resignation. The exception is dismissal for cause, in which the worker forfeits the proportional amounts (but keeps accrued vacation, if any).
Don't confuse it with accrued ('vencidas') vacation: accrued vacation belongs to an already-completed and untaken period, owed in full (and doubled, if past the legal granting deadline); proportional vacation refers to the cycle in progress.
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An employee earning R$ 3,000 is dismissed without cause 7 months into the current accrual period. Proportional vacation: 7/12 of R$ 3,000 = R$ 1,750, plus 1/3 (R$ 583.33) — a total of R$ 2,333.33 in the termination settlement.
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