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Deadline for payment of severance pay – How do you count?

06 de May de 2019

Upon termination of the employment contract, the employer must enter the entry in the Work Card, communicate the waiver to the competent bodies and make the payment of the rescission sums in the term and in the form established by Law. The delivery to the employee of documents proving the communication of the contractual termination to the competent bodies, as well as the payment of the amounts contained in the instrument of rescission or receipt of discharge must be made within 10 calendar days, counted from the end of the contract.

In case this period is disregarded by the employer, the employer is obliged to pay a fine in favor of the employee in the amount of a salary of his. Thus, if the notice is indemnified, the 10-day count will start the day after the employee is notified of the termination. If the notice is fulfilled, the deadline will open on the following day of the last day of compliance.

As an example, consider an employee with nine months of service who was notified of his dismissal on 04/30/2019:

If the notice is indemnified, the counting starts on 01/05/2019 and the employer will have until 10/05/2019 to deliver the documents proving the communication of the contractual termination to the competent bodies, as well as to pay the amounts included in the payment instrument. termination; If the notice is fulfilled, the deadline will start on 05/31/2019 and the employer must deliver the documents and pay the severance pay to the employee until 06/10/2019.

This same reasoning can be applied in the case of a request for resignation by the employee.

In addition, it is important to point out that:

  • Each year worked three additional days are added to the notice;
  • it makes no difference to the “hit” count when the employee opts for seven days less than work during performance;

  • Prior notice is eight days if payment is made per week or less;

  • with the final term for payment of the severance pay fallen on a non-useful day (Sunday or public holiday), the period will be extended to the next working day.

Source: JusBrasil

Dr. Athos Freitas Fernandes Souza – OAB/MG 176.707
Dr. Giovanni Bittencourt de Souza – OAB/MG 176984

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