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Labor Reform Rules Continue to Impact Dismissals with New Notice Period Durations That Vary According to Length of Service and Type of Termination
Workers governed by the CLT have started to deal with the direct repercussions of the notice period rules defined by labor legislation, which altered traditional deadlines and reorganized the way companies and employees conduct formal terminations.
Changes Brought by the Labor Reform
The Labor Reform, outlined in Law No. 13,467, brought greater flexibility to labor relations and began to modify labor agreements, bank hours, hiring processes, and especially the notice period. According to information from the Solides portal, this change continues to influence dismissals because it expanded negotiation possibilities and adjusted the counting of days granted to each party at the termination of the contract.
Right to Notice and Mandatory Communication
The CLT guarantees workers rights such as 13th salary, FGTS, paid vacations, and notice period. However, for a termination to occur regularly, it is necessary for either the company or the employee to notify the other party in advance. This notice allows both parties time to plan the next steps, whether to hire a replacement or to organize an appropriate professional transition.
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Procedures in Case of Employee Termination
When an employee decides to leave the company, they must immediately inform their supervisor or the Human Resources department. This allows the employer to take the necessary steps to initiate the formal contract termination process and look for another employee to fill the position. This procedure avoids administrative delays and ensures that the termination occurs within the established norms.
Procedures in Case of Company Termination
Similarly, when the company chooses to terminate the contract without just cause, it is required to notify the worker in advance. Before the Labor Reform, the notice period had a minimum duration of 30 days, which could increase based on the length of service. This format remained in place until the update of the rules, which redefined the minimum time granted.
How the Duration of the Notice Period Changes After the Reforms
With the Labor Reform of 2017, the rules began to allow that the notice period has a minimum duration of 15 days, which can vary according to the specifics of the termination. The legislation also provides an increase of three days for each year worked, up to a maximum of 60 additional days, totaling up to 90 days. This rule is established in Law No. 12,506, which details the calculation formula applied to the employee’s length of service.
Proportional Notice and Its Effects
The proportional notice period has become a tool for balancing the involved parties, as it adjusts the duration of the period according to the length of service. Thus, workers with more years at the company may receive a longer notice, while employees with less time remain subject to the base period. This proportionality meets legal guidelines and maintains consistency with the professional transition policy.
How Notice Works in Agreements
In terminations by agreement, the additional three days for each year worked can be applied to both the 15-day notice and the traditional 30-day notice. This choice depends on the understanding between the employee and employer and must be defined at the time of formalizing the agreement. The procedure allows for greater flexibility and organization for both parties during the termination of the employee’s activities.
Impact of the Rules on Labor Relations
The changes in the notice period directly impact companies’ planning and the routine of CLT workers. With deadlines ranging from 15 to 90 days, it is possible to organize replacements, prepare terminations, and avoid disruptions in activities. The rules are consistent with legislation and reinforce the need for clear communication between the company and employee.
Future Adjustments in the Notice Scenario
With the consolidation of the rules valid from this year, the duration and application of the notice period continue to guide terminations and require attention from both workers and employers. In light of this, the question arises: how will labor relations continue to adjust to these deadlines in the coming years?
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