Labor Agreement: find out more details

How much will I receive in the labor settlement?

Understand how to find out the value of your labor settlement.

Settling employment contracts is a crucial moment in the professional life of any worker. 💼 Knowing the correct amount of your settlement is essential to ensure that you receive all your rights at the end of your employment contract. 🎯 Understanding how to calculate these amounts may seem complicated, but with the right information and a little attention, it is possible to carry out this process smoothly and accurately.

In this article, we will detail how to find out the value of your labor settlement, addressing the main components that make up severance pay. We will explore the differences between types of severance pay and provide practical tips to make this calculation easier. 🧮 In addition, we have included emojis to highlight the most important points and make reading more interactive. 🌟

Components of the Labor Agreement

1. Salary Balance

The salary balance is the amount corresponding to the days worked in the month of termination. 📅 To calculate, divide the monthly salary by 30 and multiply by the number of days worked.

Example:

• Monthly salary: R$ 3,000
• Days worked: 15
• Calculation: R$ 3,000 / 30 * 15 = R$ 1,500

2. Accrued and Proportional Holidays

Vacations are a guaranteed right after 12 months of work. ✈️ The calculation of accrued vacations takes into account the monthly salary plus 1/3. For proportional vacations, divide the salary by 12 and multiply by the months worked, also adding 1/3.

Example:

• Monthly salary: R$ 3,000
• Months worked: 8
• Calculation: (R$ 3,000 / 12 * 8) + 1/3 = R$ 2,000 + R$ 666.67 = R$ 2,666.67

3. Proportional 13th Salary

The 13th salary is paid to the employee at the end of each year. 🎄 To calculate the proportional amount, divide the salary by 12 and multiply by the months worked in the year of termination.

Example:

• Monthly salary: R$ 3,000
• Months worked: 6
• Calculation: R$ 3,000 / 12 * 6 = R$ 1,500

4. Prior Notice

The notice period can be worked or compensated. 📢 If it is worked, the employee continues his/her activities for 30 days after the termination notice. If it is compensated, the amount corresponds to a monthly salary, paid together with the severance pay.

5. FGTS and 40% Fine

The FGTS (Guarantee Fund for Length of Service) is a monthly deposit made by the employer. 💸 In the event of dismissal without just cause, the employee has the right to withdraw the FGTS balance, plus a fine of 40% on this amount.

Example:

• Monthly salary: R$ 3,000
• Length of service: 12 months
• FGTS deposits: 8% of monthly salary
• FGTS Calculation: (R$ 3,000 * 8%) * 12 = R$ 2,880
• 40% fine: R$ 2,880 * 40% = R$ 1,152

6. Other Expenses

Depending on the contract and collective agreement, other amounts may be included, such as night shifts, overtime, and commissions. 📝

Step by Step Guide to Calculating Labor Settlement

1. Gather Information

Before you start, gather all relevant documents, such as pay stubs, employment contract, and vacation documents. 📂

2. Calculate Each Component

Use the formulas presented to calculate each component of the severance pay. 🧮

3. Add the Values

Add all the calculated values to obtain the total labor settlement. ➕

4. Use Online Tools

There are several online calculators that can help you check if your calculations are correct. 🌐

Practical Examples

Example 1: Unfair Dismissal

Employee: John Wage: R$ 3.000 Service Time: 2 years and 3 months

Calculations:

• Salary Balance: R$ 3,000 / 30 * 15 = R$ 1,500
• Accrued Vacation + 1/3: R$ 3,000 + R$ 1,000 = R$ 4,000
• Proportional Holidays + 1/3: (R$ 3,000 / 12 * 3) + 1/3 = R$ 750 + R$ 250 = R$ 1,000
• 13th Proportional Salary: (R$ 3,000 / 12 * 3) = R$ 750
• Compensated Notice Period: R$ 3,000
• FGTS: (R$ 3,000 * 8%) * 27 = R$ 6,480
• FGTS 40% fine: R$ 6,480 * 40% = R$ 2,592

Total: R$ 19.322

Example 2: Resignation Request

Employee: Maria Wage: R$ 2.500 Service Time: 1 year and 6 months

Calculations:

• Salary Balance: R$ 2,500 / 30 * 10 = R$ 833.33
• Expired Vacation + 1/3: R$ 2,500 + R$ 833.33 = R$ 3,333.33
• Proportional Holidays + 1/3: (R$ 2,500 / 12 * 6) + 1/3 = R$ 1,250 + R$ 416.67 = R$ 1,666.67
• 13th Proportional Salary: (R$ 2,500 / 12 * 6) = R$ 1,250

Total: R$ 7,083.33

Tips to Ensure a Correct Labor Agreement

For Employees

1. Check Contracts: Confirm the terms of your employment contract and collective agreement.
2. Record the Hours: Keep an accurate record of hours worked and overtime.
3. Know Your Rights: Be aware of all the rights guaranteed by the CLT.

For Employers

1. Keep Documentation: Keep all employee records organized.
2. Use Tools: Use HR software to facilitate calculations.
3. Legal Compliance: Ensure you are in compliance with all labor laws.

Useful Tools

Online Calculators

• Easy FGTS: Calculates FGTS and 40% fine.
• Labor Calculation: Calculates all severance pay in detail.

Apps

• Gupy: HR management platform.
• Totvs: Business management system with HR module.

Ensure that you receive your labor settlement correctly

Knowing the value of your employment settlement is essential to ensure that all your rights are respected. 📌 With the correct information and using appropriate tools, it is possible to calculate the value accurately and safely. 💡 Be proactive and find out about all the components of the settlement to avoid unpleasant surprises and ensure a smooth and fair termination process. 🌟