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Segundo Magalhães & Moreno Advogados, the company that does not pay the termination on time must add a fine equivalent to one salary of the employee.
The termination of the contract is one of the most delicate moments in the employment relationship. For the employee, it means checking all amounts owed, deadlines, and rights before officially ending the bond with the company. If the termination payment is delayed by more than 10 calendar days, the law guarantees the worker a fine equivalent to one full salary.
The alert, reinforced by experts from the firm Magalhães & Moreno Advogados, is that many employees fail to check details of the Term of Termination and end up losing money. Checking each field and demanding compliance with deadlines is crucial to avoid being harmed.
How to Check the Term of Termination
The central document of the termination contains three basic blocks: amounts to receive, deductions (INSS and Income Tax), and the net total.
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According to Magalhães & Moreno Advogados, it is essential to check personal data, company information, and the reason for dismissal.
Errors in the reason for separation — whether it was a resignation, dismissal without cause, or another reason — can jeopardize rights.
It is also essential to verify the dates of admission, notice, and separation, as differences between worked notice and indemnified notice alter the final amount to be received.
Proportional and Additional Rights
The amounts block includes items such as salary balance, proportional 13th salary, overdue or proportional vacation, and the constitutional one-third.
Overtime, hazardous duty premiums, and commissions should also be included, if applicable.
Attorney Daniel Moreno emphasizes that the indemnified notice increases with the length of service, potentially reaching 90 days.
These days count for vacation and 13th salary, even when not worked, and must be recorded in the term.
The Fine of Article 477 of the CLT
The most important point is the field of “fine of Article 477”.
By law, if the company does not make the termination payment within 10 days, it must add the amount of one extra salary.
Some judges also understand that the fine applies in cases of delay in delivering documents, such as unemployment insurance guides.
According to Magalhães & Moreno Advogados, the deadline changes depending on the type of notice: if it is worked, 30 days of notice plus 10 days to pay are counted; if it is indemnified, the limit is 10 calendar days from the notification.
Deductions and Legal Limits
The term may include deductions for loans or advances, but the law prohibits them from exceeding 30% of the termination amount.
Social security contributions and Income Tax follow specific legislation. Undue deductions, such as amounts already paid, need to be questioned before signing.
The firm Magalhães & Moreno warns that signing the term before receiving the deposit can be considered a receipt of payment.
The recommendation is to sign only after payment confirmation.
Unemployment Insurance and Mandatory Documents
In addition to payment, the company must provide the guide for unemployment insurance, which contains the request number used to apply for the benefit through the Digital Wallet application.
Without this document, the worker may face difficulties accessing their rights.
To avoid problems, experts reinforce: do not sign anything without checking each field of the termination term, confirming amounts, and ensuring that the payment has already been made.
In your opinion, does the fine for delay in termination really protect the worker or is it still insufficient to curb abuses? Have you ever gone through a situation of delay or undue deduction? Share your story in the comments — we want to hear from those who experience this in practice.
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