Notice period

Brazil's notice period requirement, known as aviso-prévio, mandates that either an employer or employee must provide advance written notification before terminating an employment contract. The current statutory notice period is thirty days, during which the employment relationship remains active and the employee continues to receive full wages and benefits. This period applies to indefinite-term employment contracts and serves as a transition mechanism, allowing the departing party time to arrange replacement staffing or secure alternative employment.

The aviso-prévio is governed by the Consolidação das Leis do Trabalho (CLT), Brazil's primary labor code, specifically Articles 487 and 488. The regulation distinguishes between employer-initiated termination and employee resignation, though both require the same thirty-day notice window. During the notice period, the employee may be released from work duties while retaining compensation, or may continue performing their role at the employer's discretion.

A significant statutory change occurred with Law 12,506/2011, which introduced progressive notice periods for employer-initiated terminations. Under this amendment, effective from December 2011, the notice period increases by three additional days for each year of service, up to a maximum of sixty days total. This enhancement provides greater protection to long-tenured employees facing dismissal.

Employers and payroll teams must ensure proper documentation of notice delivery, maintain accurate service records to calculate extended notice periods where applicable, and continue processing all compensation during the notice window. Failure to observe notice requirements may result in liability for damages and additional compensation owed to the affected employee.