Labor settlement: find out the details of how it is done

Your labor agreement with security

See what you need to know before receiving your labor settlement.

A labor settlement is a fundamental right of workers upon termination of their employment contract, whether due to unfair dismissal, resignation or termination of a fixed-term contract. This process involves the payment of various severance payments and compensation, ensuring that the worker is adequately compensated for the time worked. However, to avoid problems and ensure that all rights are respected, it is crucial to be well informed about what to expect and how to proceed. Here are the essential points:

1. Know Your Rights

Before receiving your labor settlement, it is important to know what your rights are under Brazilian labor law. This includes understanding what severance payments you are entitled to, such as salary balance, proportional vacation, proportional thirteenth salary, compensated notice period (if applicable), among others.

2. Check the Type of Termination

The type of termination of your employment contract directly influences the severance pay you will receive. If you were dismissed without just cause, for example, you will be entitled to a series of severance pay, such as the 40% fine on the FGTS and advance notice. However, in the case of a resignation, your rights may be different.

3. Consult your employment contract and collective agreement

It is essential to review your employment contract and the collective agreement applicable to your professional category. These documents may establish specific conditions for the labor agreement, such as payment terms, additional payments and additional benefits that may be due.

4. Legal Deadlines and Procedures

Labor settlements must be made within the deadlines established by labor legislation. If the employer fails to comply with these deadlines, he or she may be subject to penalties. It is important to be aware of the deadlines to ensure that your rights are respected.

5. Required Documentation

Before receiving your employment settlement, make sure you have all the necessary documentation on hand, such as your work card, personal documents, bank statements for depositing severance pay, among others. Correct documentation is crucial to avoid delays and payment problems.

6. Consult a Specialized Professional

To ensure that all of your rights are respected and that the labor settlement is carried out in accordance with current legislation, it is highly recommended that you consult a lawyer specializing in labor law. A qualified professional will be able to guide you on best practices, correctly interpret contractual clauses and ensure that you receive all of the funds you are owed.

7. Calculation of Severance Pay

Understanding how severance pay is calculated is crucial. For example, the proportional thirteenth salary is calculated based on the months worked in the year, while proportional vacations consider the period of work since the last acquisition period.

8. Communicate with the Employer

Maintain clear and documented communication with your employer during the employment settlement process. Clarify any doubts about severance pay, payment terms, and other relevant details.

9. Pay Attention to Legal Discounts

Some severance pay is subject to legal discounts, such as income tax at source and social security contributions, depending on the amount received. Find out which discounts will apply to your case.

10. Plan your usage

Finally, after receiving your employment settlement, carefully plan how to use the financial resources you receive. Consider your immediate needs, such as bills and essential expenses, and think about strategies for using them to ensure your financial stability in the near future.

Receive your labor settlement safely

Receiving your severance pay can be a complex process, but understanding your rights, deadlines, and procedures is essential to ensuring a smooth and fair transition. By being well-informed and seeking professional guidance when necessary, you can protect your rights and ensure that all severance payments are paid correctly.

Common questions:

1. What is a labor agreement?
   • Answer: Labor settlement refers to the final payment that an employer must make to an employee at the end of the employment contract.
2. What are the main items included in the labor agreement?
   • Answer: The main items include the payment of outstanding salaries, proportional vacations, proportional 13th salary, advance notice and severance pay.
3. What is the maximum period for payment of labor settlement after the employee is dismissed?
   • Answer: The maximum period is 10 calendar days from the last day worked, as stipulated by Brazilian labor legislation.
4. What to do if the employer does not pay the labor settlement within the stipulated deadline?
   • Answer: The employee can seek his rights in the Labor Court, through a labor complaint process.
5. Is there a difference between a labor agreement and termination of an employment contract?
   • Answer: The labor settlement is the final stage of the termination of the employment contract, encompassing all amounts owed to the employee.
6. What are the employee's rights in the labor agreement in the event of unfair dismissal?
   • Answer: In addition to salary amounts, the employee is entitled to advance notice, unemployment insurance, FGTS withdrawal and, if applicable, compensation.
7. How is the value of proportional vacations calculated in the labor settlement?
   • Answer: Proportional vacations are calculated based on the period worked in the year prior to dismissal, multiplying the monthly salary by 1/12 for each month worked.
8. What documents should the employee receive at the time of the labor settlement?
   • Answer: The employee must receive the pay slip, the termination of the employment contract, unemployment insurance guides and other documents relevant to the termination of the employment relationship.
9. Is it possible to negotiate values in a labor agreement?
   • Answer: Yes, it is possible to negotiate the values and conditions of the labor agreement, as long as it is done in a transparent and legally valid manner.
10. What are the legal implications for an employer who does not carry out labor settlements correctly?
    • Answer: The employer may be penalized with fines and interest for late payment, in addition to facing legal proceedings brought by the employee for non-compliance with labor laws.