How the calculation works
1. What each type of exit pays
The type of exit decides which items are paid. Dismissal without cause pays everything; resignation has no FGTS fine or withdrawal; the mutual agreement pays half of the notice and of the fine; dismissal for cause keeps only the salary balance and unused vacation.
| Item | Dismissal without cause | Resignation | Mutual agreement (art. 484-A) | Dismissal for cause | End of probation contract |
|---|---|---|---|---|---|
| Salary balance | Yes | Yes | Yes | Yes | Yes |
| Notice paid in lieu | Yes | No (you serve it) | Half | No | No |
| Pro rata 13th salary | Yes | Yes | Yes | No | Yes |
| Unused vacation + 1/3 | Yes | Yes | Yes | Yes | Yes |
| Pro rata vacation + 1/3 | Yes | Yes | Yes | No | Yes |
| FGTS fine | 40% | No | 20% | No | No |
| FGTS withdrawal | Yes | No | Up to 80% | No | Yes |
| Unemployment insurance | Yes | No | No | No | No |
2. Salary balance and notice
The salary balance is the days worked in the last month (salary ÷ 30 × days). Notice is 30 days plus 3 per full year at the company, up to 90 days (Law 12,506/2011). When paid in lieu, it counts as service time and pushes the contract end date, which can add twelfths of vacation and 13th salary. In a mutual agreement, notice paid in lieu is halved.
3. Pro rata vacation and 13th salary
Each month worked, or fraction of 15 days or more, is worth 1/12. Pro rata vacation counts from the hiring anniversary; the 13th salary, from January. Unused or pro rata vacation always carries the extra 1/3.
4. FGTS: fine and withdrawal
With dismissal without cause, the employer pays a 40% fine on your FGTS deposits and you can withdraw everything. In a mutual agreement, the fine is 20% and you can withdraw up to 80% of the balance (CLT, art. 484-A). At the end of a probation contract you can withdraw, without fine. With resignation or dismissal for cause, the money stays in the account.
5. Deductions
INSS and income tax apply to the salary balance and the 13th salary, calculated separately. Notice paid in lieu, vacation paid on termination with its 1/3 and the FGTS fine are free of INSS and income tax. If you resign and do not serve notice, 30 days may be deducted (CLT, art. 487, § 2).
Worked example
Salary of R$ 3,000.00, hired on 3/10/2023, dismissed without cause on 10/29/2026, notice paid in lieu and an FGTS balance of R$ 9,000.00:
- 3 full years: 39 days of notice = R$ 3,900.00. The contract is projected until 12/7/2026.
- Salary balance: 29 days = R$ 2,900.00.
- Pro rata 13th salary: 11/12 = R$ 2,750.00.
- Pro rata vacation: 9/12 = R$ 2,250.00, plus a 1/3 bonus of R$ 750.00.
- Deductions: INSS of R$ 236.69 on the balance and R$ 223.19 on the 13th salary; income tax is zero.
- Termination pay: R$ 12,550.00 − R$ 459.88 = R$ 12,090.12.
- FGTS: 40% fine of R$ 3,905.60 and R$ 13,669.60 released for withdrawal.
Frequently asked questions
What do I get if I am dismissed without cause?
Salary balance, notice (worked or paid in lieu, from 30 to 90 days), pro rata 13th salary, unused and pro rata vacation with the 1/3 bonus, the 40% FGTS fine and withdrawal of the balance, plus unemployment insurance if you meet the requirements.
What do I get if I resign?
Salary balance, pro rata 13th salary and unused and pro rata vacation with the 1/3 bonus. There is no FGTS fine, no withdrawal and no unemployment insurance. If you do not serve the 30-day notice, the employer may deduct that amount.
How does termination by mutual agreement work?
Under CLT art. 484-A, notice paid in lieu and the FGTS fine are halved (a 20% fine), you can withdraw up to 80% of the FGTS and there is no unemployment insurance. All other items are paid in full.
How many days of notice do I get?
30 days, plus 3 per full year at the company, up to 90 days (Law 12,506/2011). With 5 years, for example, it is 45 days.
What do I lose if dismissed for cause?
The pro rata 13th salary and vacation, notice, the FGTS fine and withdrawal, and unemployment insurance. You receive the salary balance and unused vacation with the 1/3 bonus.
What is the deadline to pay termination?
10 calendar days after the contract ends, for any type of exit (CLT, art. 477, § 6). If late, the employer owes the worker a fine of one salary.
Is termination pay subject to INSS and income tax?
Only the salary balance and the pro rata 13th salary. Notice paid in lieu, vacation paid on termination with its 1/3 and the FGTS fine are exempt from INSS and income tax.
Legal basis and official sources
Every figure was checked against the sources below on 10/29/2026. Sources are in Portuguese.
- CLT (Decreto-Lei nº 5.452/1943) planalto.gov.br
- Lei nº 12.506/2011 planalto.gov.br
- Lei nº 8.036/1990 planalto.gov.br
- Lei nº 4.090/1962 planalto.gov.br
- Lei nº 7.713/1988, art. 6º planalto.gov.br
- Lei nº 8.212/1991, art. 28 planalto.gov.br
- Portaria Interministerial MPS/MF nº 13, de 9/1/2026 (tabela do INSS) gov.br
- Receita Federal: tabelas do IRPF 2026 gov.br
- Lei nº 15.270, de 26/11/2025 planalto.gov.br
- Súmulas do TST tst.jus.br
Estimate based on the general rules of Brazil's labor code (CLT) and the official 2026 tables. Collective agreements, extra pay, absences and specific deductions change the final amount: check your payslip or termination statement.