Understand whether the salary comes with the termination and learn how to proceed

Does the salary come with the termination? In this article, we will help you understand and know how to proceed when you are fired.

The dismissal of an employee from a company is very common and can be initiated by the employee or the company.

However, the termination of an employment contract still leaves workers with many doubts, as each one has different requirements to meet.

And one of the main doubts that usually arises is when it comes to paying the amounts and whether the salary comes with the termination.

But this happens because if you are dismissed without just cause, you will be entitled to the salary corresponding to the notice period, whether worked or compensated.

However, the termination falls within the severance pay and its payment has another deadline.

So if you still have this doubt, whether the salary comes with the termination, payment deadline and how you should proceed, rest assured that we will help you.

Therefore, continue reading and understand everything about termination payments and the different situations to which they apply.

What is contract termination?

Termination of contract is the formalization of the end of an employment relationship, that is, it is the formal way of ending the employee's employment relationship with the company.

However, it is important to understand that there is not just one type of termination and that each one has different rules for receiving it.

And that's why there are so many doubts regarding termination, such as whether the salary comes with the termination and whether you are entitled to benefits.

Therefore, it is through termination that the rights and duties of the employee and the company will be determined.

How does termination work, and does the salary come with it?

As mentioned above, the termination of an employment contract is basically the official termination of an employment relationship.

And according to CLT (Consolidation of Labor Laws), when dismissed from the company, the employee has the right to receive severance pay.

However, this payment will depend on the type of dismissal the employee received.

And it is exactly for this reason that it is important that you understand what type of dismissal you are going through, the salary payment deadline, whether it comes with the termination and the dates for approval.

But the most important point for you to be able to calculate your severance pay is to know exactly what type of dismissal you are going through.

And to help you with this, we will list the most common forms of dismissal under labor laws.

This way you will be able to identify and know exactly how to proceed with your termination and know if your salary is coming along with it.

So check out the list below and find out what variations exist at the time of termination.

Termination due to unfair dismissal

Termination of a contract without just cause is very common in companies, and is when an employee is dismissed without a serious reason.

In this situation, the employee is entitled to receive a termination fine, as there is no reason for the termination of the employment contract.

Therefore, the law understands that the employee will need assistance to support him while he looks for a new job.

In this case you should receive:

• Salary balance;
• Accrued vacation, if any, and proportional vacation with an increase of one third;
• Proportional 13th salary;
• Compensated or worked notice period, this will depend on what was agreed between the company and the employee;
• Termination fine, which is the calculation of 40% on the amount deposited from your FGTS during your time working for the company.

Therefore, when serving the worked notice period, the salary may not always be received together with the termination, but rather at the end of the notice period as a normal month of work.

Termination of dismissal with just cause

Dismissal with just cause occurs when an employee is dismissed from the company for committing a serious offense.

These absences may range from misconduct at work, excessive unjustified absences, harassment, among other reasons provided for by law.

Therefore, in this case the employee will lose all rights to benefits that he would have had in the event of termination due to unfair dismissal.

In the event of dismissal for just cause, the employee will receive:

• Salary balance;
• Accrued vacation (if any) and an increase of one third, if you have already completed 12 months of work.

Termination by resignation at the employee's request

There are also cases in which the employee no longer has the desire to remain in the company and in this case, he can request to be dismissed.

This can happen due to dissatisfaction with the company you work for or even because you have received a new proposal.

And if there is no serious reason for an indirect termination to be necessary, the employee will not be entitled to their FGTS, but will receive:

• The salary balance;
• Proportional 13th salary;
• Accrued vacation, if any, and proportional vacation with a one-third increase.

Furthermore, in this case, the employee will need to give 30 days' notice.

But if the employee chooses not to comply, he/she will have to pay a fine to the company for not complying with the notice period worked.

Termination by mutual agreement

For a long time, this type of dismissal was practiced illegally, but it was very common among companies and employees.

However, with the labor reform, termination by mutual agreement became legal since 2017.

Also known as consensual dismissal, this termination occurs when both parties reach an agreement and agree to the employee's dismissal.

In this case, the employee will be entitled to receive:

• Salary balance;
• Accrued vacation (if any) and proportional vacation with an increase of one third;
• Proportional 13th salary;
• Half of the value of the advance notice worked or compensated;
• Termination fine of 20% on the total FGTS deposited;
• Withdrawal of up to 80% from FGTS.

The salary comes with the indirect termination

Another type of termination, not very common, is indirect termination, or “boss’s dismissal”.

In this case, you can think of it as a dismissal with just cause, but the opposite.

Therefore, this happens when the company commits a serious error and fails to fulfill its duties towards the employee.

For example, failing to pay salaries, committing harassment, failing to deposit FGTS, among others.

In this case, the termination must be carried out through the courts, where the employee must actually prove the faults committed by the company.

In addition to severance pay for an unfair dismissal, the employee may also receive compensation for moral damages.

Does the salary come with the termination?

The termination must be paid within 10 calendar days from the date of signing the termination.

The company also has this same period to pay the amounts due, and this may include the proportional salary.

In other words, the salary may come along with the termination. But pay attention to the payment deadlines and amounts.

Given that April 11, 2023