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Dismissal Without Cause: Complete List Shows How to Calculate Notice, Vacation, 13th Salary, FGTS, and Insurance; 70% Lose Money Due to HR Errors.
The dismissal without cause is the most common type in Brazil, but it also generates the most financial losses due to lack of verification of calculations. According to Ricardo Azevedo, lawyer with 18 years of experience in labor law, 70% of workers do not receive all the amounts they are entitled to, often due to mistakes made by the company’s own HR. These mistakes range from the incorrect calculation of the prior notice to the non-payment of bonuses on the 13th salary.
The specialist explains that the problem is not only in cases of bad faith but in technical calculation errors that go unnoticed by the worker at the time of homologation.
This can cause up to 30% of the termination to be left behind, directly harming the income of those who have just lost their job.
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What Should Be Paid in Dismissal Without Cause?
According to Ricardo Azevedo, the dismissal without cause entitles the worker to a set of mandatory severance payments, which must be checked carefully:
- Indemnified prior notice: minimum of 30 days, plus 3 days for each year worked, limited to 90 days. Always calculated on the last updated salary.
- Proportional 13th salary: 1/12 for each month worked, including fractions equal to or greater than 15 days. The calculation base must consider salary + bonuses.
- Accrued and proportional vacation: always plus the constitutional one-third.
- Salary balance: pertaining to the days worked in the month of dismissal.
An example cited by the lawyer: a worker with a salary of R$ 3,000 and 2 years and 8 months at the company could be entitled to a severance of approximately R$ 13,766, adding up prior notice, 13th, vacation, and salary balance.
FGTS and 40% Fine: How to Calculate Correctly
The dismissal without cause also allows the withdrawal of the total FGTS balance, plus interest and monetary correction. The company is also required to pay a 40% fine on this balance.
In the example presented by Ricardo Azevedo, a worker with R$ 25,000 in FGTS balance should receive an additional R$ 10,000 in fines, totaling R$ 35,000 available.
Many employees fail to check the monetary update, which significantly reduces the final amount.
Unemployment Insurance: Who Is Entitled?
Another direct benefit of dismissal without cause is access to unemployment insurance, provided the minimum work periods are met:
- First request: 12 months of employment.
- Second: 9 months.
- Third onwards: 6 months.
In 2025, the value ranges from R$ 1,518 to R$ 2,424.11, with 3 to 5 installments depending on the contribution time.
The request can be made via the Digital Work Card app, gov.br portal, SINE agencies, or authorized posts.
Most Common Errors Made by Companies
Ricardo Azevedo lists the most frequent mistakes in calculations of dismissing without cause:
- Paying only 30 days of notice, ignoring the additional 3 days per year.
- Calculating 13th salary without including regular bonuses like overtime and commissions.
- Failing to apply the constitutional one-third on vacations.
- Calculating FGTS without monetary updates.
- Deducting benefits such as meal vouchers or transportation in full, instead of pro-rata.
These mistakes, according to the lawyer, can cost workers thousands of reais.
How to Protect Yourself in Dismissal Without Cause
The first step is to check all calculations before signing the termination agreement. Ricardo Azevedo recommends using online simulators, official apps from the Ministry of Labor, and even consultations with unions.
If the company refuses to correct amounts, it is possible to file a complaint with the Ministry of Labor or take legal action within two years after dismissal.
Another important point is not to forgo mandatory documents, such as an updated work card, FGTS guides, TRCT (Termination of Employment Contract), and proof of prior notice.
Without this documentation, it becomes more difficult to contest amounts in the future.
The dismissal without cause is a right of the worker, but it only yields the expected results when calculations are made correctly.
Up to 30% of the severance can be lost due to simple mistakes, according to Ricardo Azevedo. Therefore, information and verification are essential to ensure all due amounts.
And you, have you ever experienced a dismissal without cause where you noticed errors in the termination calculation? Were you able to recover the amounts?
Leave your account in the comments — your experience can help other workers.
Tenho 4 anos de empresa offshore recebo 2244 mais 50%de adicional de embarque uma férias vencida quanto teria que receber
Tenho 4 ano e 4 anos de empresa ganho 2800 quando recebo se for demitido dia 8/09
Trabalhei 17 anos em uma empresa fui dispensada sem justa causa, meu acerto foi quase 19 mil tendo como base o salário de R$2810,00 isso está certo?