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Dismissal: Practical Guide of TRCT Reveals 10-Day Deadline, Fine of 1 Salary for Delay and “Traps” in Fields 22, 25–26 and 69–71
At the time of dismissal, many workers, due to pressure or misinformation, end up signing the Termination Term of Employment Contract (TRCT) without checking the amounts received. The problem is that, according to specialists from Magalhães & Moreno Advogados, this signature can be interpreted by the Courts as a receipt of full payment. In practice, this means that the employee acknowledges having received everything that was in the calculation, even if the payment has not yet been made.
This detail is fundamental because, by signing without the actual credit in the account, the worker may lose the right to claim differences later.
If there is a calculation error in the notice period, in the proportional 13th salary, in vacation or even in the FGTS, the early signature can be used by the company as an argument against a future claim.
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Why Signing Is So Risky
The TRCT details all the amounts that the worker is entitled to receive: salary balance, notice period, vacation, 13th salary, FGTS, and any possible additional amounts.
The document also itemizes deductions such as INSS, IR, and debts with the company, respecting the legal limit of 30% of the net amount.
According to Magalhães & Moreno Advogados, the big problem lies in the understanding consolidated in part of the Labor Courts: if the employee signed the term, it is presumed that he/she checked and received the amounts correctly.
Even if the payment has not been made, the signature creates a presumption of payment, making contestation much harder.
Deadlines and Fines in Case of Delay
The legislation is clear: if the notice period is compensated, the company has 10 calendar days to make the severance payment.
If it is a worked notice, there are 30 days of notice + 10 days to pay. In case of delay, the so-called fine of Article 477 of the CLT applies, equivalent to one salary of the employee.
In addition, the company must provide the necessary guides for withdrawing the FGTS and requesting unemployment insurance.
Failure to comply with these deadlines can result in additional penalties, but again, the early signing of the TRCT can complicate the proof of delay.
Critical Fields of the TRCT That Deserve Attention
The lawyer Daniel Moreno, mentioned in the content, warns of specific points in the term that may hide serious errors:
- Field 22: reason for termination. If it is registered as a resignation when, in fact, it was a dismissal, the worker may lose rights.
- Fields 25 and 26: dates of notice and departure. Discrepancies may conceal attempts to pay one salary less.
- Fields 69 to 71: compensated notice and reflections on 13th salary and vacation. They must be calculated correctly, considering the rule of 30 days + 3 days for each year of service up to a limit of 90 days.
These details show that the simple act of “signing without reading” can result in significant financial losses.
What the Worker Should Do Before Signing the Termination
According to Magalhães & Moreno Advogados, the essential care is to only sign the TRCT when the net amount is already in the account or paid in hand at the same moment.
Additionally, it is crucial to:
- Check all personal data and the employer’s information.
- Review the calculations of the 13th salary, vacation, and additional amounts.
- Verify if there are reflections of compensated notice and expired vacation correctly registered.
- Confirm if the FGTS and unemployment insurance are released.
These measures prevent the signature from being used as a receipt for amounts never received.
Signing a termination without receiving the net amount is a serious risk for the worker.
This practice can be interpreted as a receipt of payment and hinder future claims, even in cases of company errors.
The guidance from specialists at Magalhães & Moreno Advogados is clear: check each field of the TRCT and only sign after the effective payment.
And you, have you ever gone through a similar situation of pressure to sign the termination before receiving? Do you think the Justice should change this understanding?
Leave your opinion in the comments — your experience can help other workers not fall into the same trap.
Assinei minha rescisão também, porém não recebi nada !!!
E ainda no dia avisei a moça do Rh eles disseram que iria cair na minha conta daqui a 10 dias e não caiu nada !!
Assinei dia 14 de Julho .
Eu assinei minha recisão dia 21/08 até hoje nada na conta
Não acho que deva ser mudado a lei. Acho que o empregado não deva assinar nada antes de ler como aprendemos na vida inteira. E conferir com um contador antes!