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Early Termination of the Probation Contract Entitles You to Extra Payment, but Installments Are Often Omitted in Dismissals
Termination during the probation contract is more common than one might think, but what few workers know is that there is a specific indemnity for these cases. Foreseen in the CLT, this compensation should be paid when the employer ends the bond before the agreed term, but reports show that many companies simply ignore this obligation.
An example is warehouse assistant Juan Gonçalves, 25, who was dismissed on the 80th day of the contract. He received salary, proportional 13th salary, proportional vacation with 1/3 bonus, and FGTS deposits — but was not informed that he would be entitled to an extra amount related to early termination. This lack of information exposes thousands of workers to the loss of resources that, by law, should be paid.
What Does the CLT Say About Probation Contracts
The probation contract is a temporary contract type, foreseen in Article 443, §2 of the CLT, and can last up to 90 days.
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It serves for the company to evaluate the performance and adaptation of the professional before finalizing their hiring.
During this period, it is common for the bond to be established in stages (45 or 60 days, for example), with the possibility of renewal only once.
After the final term, the company must decide whether to make the worker permanent or to end the bond.
How Does the Indemnity for Early Termination Work
According to labor lawyer Alessandro Vietri, when dismissal occurs before the end of the contract, the worker is entitled to an indemnity equivalent to 50% of the value of the remaining days.
In practice: if the dismissal occurs on the 80th day of a 90-day contract, the employee is entitled to half of the value corresponding to the remaining 10 days.
This payment should be made along with other rights in the termination.
Guaranteed Rights and Exceptions
In addition to the indemnity, the worker dismissed during the probation period is entitled to:
Salary for the days worked
Proportional 13th salary
Proportional vacation plus 1/3
FGTS deposits up to the date of dismissal
On the other hand, there is no right to prior notice, 40% fine on FGTS, withdrawal from the fund, or unemployment insurance.
In case of just cause, the employee also loses the right to proportional vacation, proportional 13th salary, and indemnity for early termination.
And After the Probation Period?
If the worker is made permanent, they will have all the rights of an indefinite-term contract.
This includes prior notice, 40% fine on FGTS in case of dismissal without just cause, access to unemployment insurance, and other employment law benefits.
Therefore, the probation contract is considered a decisive phase: in addition to evaluating the employee’s performance, it also defines which rights will be guaranteed in case of dismissal.
Have you ever experienced termination during the probation contract? Did you receive this indemnity or only found out later that you were entitled? Share your experience in the comments — your story could help other workers not lose this little-known right.
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