Notice period

Brazil's notice period requirement, known as aviso-prévio, mandates that employers provide advance written notice before terminating an employment contract. The standard notice period is 30 days for employees with up to one year of service. For employees with more than one year of tenure, the notice period increases by three additional days for each year of service, up to a maximum of 60 additional days, resulting in a total notice period of up to 90 days. This rule applies to most private sector employment relationships and protects workers by ensuring they have adequate time to seek alternative employment.

The aviso-prévio is governed by Brazilian labor law, specifically the Consolidação das Leis do Trabalho (CLT), and is further detailed in vLex Brazil's statutory compilation. The regulation has remained stable in its core structure, though interpretations and application procedures have evolved through case law and administrative guidance.

Employers and payroll teams must calculate notice periods based on the employee's tenure at the time of termination. For employees with less than one year of service, the 30-day notice applies. For those with longer tenure, employers must add three days per additional year worked, capped at 60 days total addition. During the notice period, employees typically remain employed and continue receiving wages and benefits. Employers should document the notice date clearly and ensure compliance with state-level variations, as some Brazilian states may impose additional requirements. Proper notice period calculation is essential to avoid legal disputes and potential penalties for non-compliance.