Brazil Notice Period Calculator (2026)
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Brazil’s notice period — aviso prévio — is proportional to tenure. Law 12,506/2011 sets a floor of 30 days plus 3 extra days for every full year with the same employer, capped at 90 days. This calculator returns the number of days, the cash value when the notice is paid in lieu, and the deduction that applies when an employee resigns without serving it.
How the proportional notice period works
Every employee dismissed without just cause is entitled to at least 30 days of notice. On top of that, Law 12,506/2011 adds 3 days per completed year of service with the same employer, up to a total ceiling of 90 days. The ceiling is reached at 20 full years of tenure.
Only completed years count. An employee with 4 years and 11 months is credited with 4 years, giving 30 + 12 = 42 days. Nothing changes until the fifth anniversary of the contract.
The entitlement applies to dismissal without cause and to constructive dismissal. Dismissal for just cause carries no notice at all, and the CLT article 484-A mutual-termination agreement pays notice in lieu at half value.
| Full years of service | Formula | Notice period |
|---|---|---|
| Under 1 year | 30 + 0 | 30 days |
| 2 years | 30 + 6 | 36 days |
| 5 years | 30 + 15 | 45 days |
| 10 years | 30 + 30 | 60 days |
| 20 years or more | 30 + 60 (legal cap) | 90 days |
Paid in lieu vs. worked notice
When notice is paid in lieu (aviso prévio indenizado), the employee leaves immediately and the period is paid in cash at the final settlement: gross monthly salary divided by 30, multiplied by the number of notice days. A worker on R$3,000 with 2 full years receives 36 × R$100 = R$3,600.
When the notice is worked, salary is paid as usual, but CLT article 488 guarantees paid time to job-hunt: either 2 fewer working hours per day throughout the period, or 7 consecutive days off. The employee chooses which. If the employer grants neither and demands full hours, the worked notice is void and must be paid all over again as pay in lieu.
Tax treatment differs. Notice paid in lieu is indemnity in nature and carries no INSS or income-tax withholding; worked notice is ordinary salary and is taxed normally.
The projection effect on the final settlement
Notice paid in lieu extends the employment contract into the future for all purposes (CLT article 487, §1 and TST Precedent 371). The notice days are added to length of service, which increases proportional holiday pay, the proportional 13th salary, the FGTS severance-fund base and the 40% penalty on it.
This is why the termination date recorded in the work record is the end of the projected period, not the last day physically worked — and why a wrong notice-day count quietly distorts every other line of the settlement.
If the employee resigns
Notice runs both ways: a resigning employee must also give notice, and the employer may deduct the unserved period from the final settlement under CLT article 487, §2. Crucially, the proportional bonus only ever benefits the employee. Technical Note 184/2012 from the Ministry of Labor, now followed by the courts, limits what the employer can demand to the statutory 30 days — so the maximum deduction is one month’s salary, no matter how long the tenure.
No deduction applies if the employer waives the notice in writing, or if the employee proves they have already secured a new job (TST Precedent 276).
Frequently asked questions
How long is the notice period in Brazil?
A minimum of 30 days, plus 3 days for each completed year with the same employer, capped at 90 days total. Ten years of service gives 60 days; twenty years or more gives the maximum 90.
Does a resigning employee owe 90 days of notice?
No. The proportional extension exists solely for the employee’s benefit. An employer can only require the base 30 days from someone who resigns, and can deduct at most one month’s salary if that notice is not served.
Is notice pay taxed in Brazil?
Notice paid in lieu is treated as indemnity and is exempt from both INSS social security and income-tax withholding. Notice that is actually worked is ordinary salary and is taxed like any other month.
Can the employer make me work full days during the notice period?
Not when the employer initiated the dismissal. CLT article 488 entitles you to either 2 fewer hours per working day or 7 consecutive days off, at your choice, with no pay reduction. Denying both voids the worked notice and forces the employer to pay the period again in cash.
Sources
Based on Law 12,506/2011, CLT articles 487 and 488, TST Precedent 371 and Technical Note SRT/MTE/CGRT 184/2012. Reference values only — collective bargaining agreements may grant more favorable terms and variable pay changes the calculation base. Consult a Brazilian labor lawyer for a binding assessment.
Related calculators
Also available in Portuguese: Calculadora de Aviso Prévio 2026