Labor Agreement: find out more details

Labor settlement: do your calculation

Learn how to calculate your labor settlement.

Settling a labor agreement is an important moment in the professional life of any employee. 🎯 Knowing how to correctly calculate severance pay can avoid many doubts and ensure that you receive everything you are entitled to. Whether in the case of unfair dismissal, resignation, or other types of termination, being well informed is essential. 🌟

In this article, we will teach you how to calculate your labor settlement in a detailed and interactive way. We will cover the main components of the calculation, such as advance notice, salary balance, proportional 13th salary, proportional vacation, FGTS and more. 🚀 Let's go!

Step by Step Guide to Calculating Labor Settlement

1. Prior Notice

Advance notice is one of the most important components of an employment agreement. It can be worked or compensated.

• Worked: The employee continues working during the notice period.
• Compensated: The employee receives the amount corresponding to the notice period without having to work.

Calculation of Notice Period

• Base: Employee's monthly salary.
• Formula: Monthly salary + 3 days per year worked (in addition to 12 months).

2. Salary Balance

The salary balance corresponds to the days worked in the month of termination.

Salary Balance Calculation

• Base: Employee's monthly salary.
• Formula: (Monthly salary / 30) * days worked.

3. Proportional 13th Salary

The 13th salary is calculated based on the months worked in the year of termination.

Calculation of Proportional 13th Salary

• Base: Employee's monthly salary.
• Formula: (Monthly salary / 12) * months worked.

4. Proportional Vacation + 1/3

Proportional vacations are calculated according to the months worked in the acquisition period.

Calculation of Proportional Vacation + 1/3

• Base: Employee's monthly salary.
• Formula: (Monthly salary / 12) * months worked + 1/3.

5. FGTS and Termination Penalty

The FGTS is deposited monthly by the employer and, in the event of dismissal without just cause, there is a fine of 40% on the balance.

Calculation of FGTS and Termination Penalty

• Base: 8% of the employee's monthly salary.
• FGTS Formula: (Monthly salary * 8%) * months worked.
• Termination Penalty Formula: Accumulated FGTS * 40%.

Practical Calculation Examples

Example 1: Unfair Dismissal

Employee: John Wage: R$ 2.000 Service Time: 2 years

1. Prior Notice: R$ 2,000 + (3 days * 2 years * R$ 66.67) = R$ 2,400
2. Salary Balance: (R$ 2,000 / 30) * 15 days = R$ 1,000
3. 13th Proportional Salary: (R$ 2,000 / 12) * 7 months = R$ 1,166.67
4. Proportional Vacation + 1/3: (R$ 2,000 / 12) * 7 months + 1/3 = R$ 1,555.56
5. FGTS: (R$ 2,000 * 8%) * 24 months = R$ 3,840
6. FGTS 40% fine: R$ 3,840 * 40% = R$ 1,536

Total: R$ 2,400 + R$ 1,000 + R$ 1,166.67 + R$ 1,555.56 + R$ 3,840 + R$ 1,536 = R$ 11,498.23

Example 2: Resignation Request

Employee: Maria Wage: R$ 3.000 Service Time: 1 year

1. Salary Balance: (R$ 3,000 / 30) * 10 days = R$ 1,000
2. 13th Proportional Salary: (R$ 3,000 / 12) * 5 months = R$ 1,250
3. Proportional Vacation + 1/3: (R$ 3,000 / 12) * 5 months + 1/3 = R$ 1,666.67

Total: R$ 1,000 + R$ 1,250 + R$ 1,666.67 = R$ 3,916.67

Important Tips for Calculating Your Labor Settlement

1. Check Dates: Make sure you correctly account for the days and months worked.
2. Consider Extra Benefits: Don't forget to include benefits such as overtime, night shifts, etc.
3. Review the Calculations: Check all calculations more than once to avoid errors.

Online Tools to Calculate Labor Settlement

There are several online tools that can help you calculate your labor settlement quickly and accurately:

1. Termination Calculator: Sites like Calcule.Net offer specific calculators for termination of employment.
2. Mobile Applications: Some personal finance apps also have features for calculating severance pay.

Guarantee your rights

Learning how to calculate your labor settlement is essential to ensure that you receive all of your rights correctly. 📌 With the information and examples provided in this article, we hope that you feel more prepared to perform these calculations with confidence. 💼 If you have any questions, do not hesitate to seek professional guidance to ensure that everything is in compliance with current legislation. 🌟