From the moment an employee needs to be dismissed from a company without just cause, the Consolidation of Labor Laws (CLT) ensures, through Law No. 12,506, dated October 11, 2011, the early warning, that is, inform the interested party about the shutdown.
Prior notice must be given at least 30 days in advance.
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The same can be done by the employee or by the company. Its specificities vary according to the shutdown. This happens so that the professional can find a new place of work, if applicable, and the company can replace the worker.
When an employee is dismissed or resigns without just cause, the notice worked. The professional continues his activities with two hours less workload, so that he can get another job.
Generally there is 30 days notice and if it is in the employee's interest, it can be reduced up to 7 days. Overtime is prohibited.
If the company dismisses an employee without just cause and requests that he/she immediately leave the work environment, without a two-day notice, the professional is entitled to receive a indemnity. The value is relative to the legally established period.
If the employee resigns and leaves the company immediately, the amount of prior notice will be deducted from his contract termination. This is equivalent to one less salary.
It is important to remember that prior notice must be communicated within 30 days before the termination.
The prior notice considers the period that the employee was in the company for the termination of the contract.
Proportionately to the period worked, the employee who has reached 12 months of registration in the portfolio, is entitled to 30 days of prior notice. Then 3 days for each year worked. Remembering that the period is limited to 90 days.
Suppose an employee has worked 10 years at the same company. Your first year equals 30 days. The other 9 years, multiplied by 3 (days added for each year worked), add up to another 27 days. That is, the worker will receive 57 days of notice.
However, if the professional does not work every day on notice, the company is entitled to pay only for the hours worked.
See too: Can I Have Two Employment Records in the Employment Card?