What is notice? What are the types? How should they be complied with? We explain everything in this article.
Prior notice is a legal obligation established by the CLT. This obligation must be followed whenever an employment contract is terminated.
Prior notice is a period of around 30 days in which the employee remains at work until he or she is actually dismissed from the company.
The aim is to provide a kind of notification so that both the employee and the company have this period to prepare for the employee's departure.
There are different types of notice to be applied to each type of dismissal. We'll talk about them below.
What are the types of notice?
The three main types of prior notice are worked notice, indemnified notice and notice served at home.
Each one caters for a different type of dismissal. They therefore have different rules.
In prior notice workedThe employee continues to work even after receiving notice of termination and receives his salary as normal.
They have the right to end their working day 2 hours early every day if they are paid weekly. In the case of monthly pay, the right is to take 7 calendar days off at any time.
These two possibilities are designed to make it easier for employees to return to work. In other words, it gives them time to look for new opportunities in the job market.
The second type of notice is indemnified notice. In this case, the company relieves the employee of the obligation to work during the notice period and chooses to pay compensation for the corresponding time, which can be between 30 and 90 days.
It is only the company that can waive the notice period. If notice has been given, the employee must continue working until he or she is dismissed. If they don't show up, the company can deduct their severance pay.
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In addition, if the decision is made by the employee, he or she is the one who pays the compensation to the company, in the amount of 1 salary.
Since the Labor Reform, in the case of indemnified prior notice, it must be paid in half and the indemnity on the FGTS balance will be 20%, limited to 80% of the deposit amount.
The rest of the sums can then be paid in the same way as before the new law, with the balance of salary and severance pay being included in the payment.
Also included in the sum are the 13th month proportional to the months worked in the respective year and accrued and/or proportional vacation, plus the constitutional third.
The third type is notice served at home. This occurs at the company's own option, which allows the employee to serve the 30-day notice period working from home. In other words, they fulfill their working hours but work from home.
Punishments for non-compliance?
If the company fails to pay the due notice payments, then the employee can sue for the amount of the salary plus the corrections.
What's more, if the worker gets a new job during the notice period, he or she can be released as soon as he or she presents the new employment contract.
In which situations is the notice period not used?
It may happen that either the company or the employee decides not to take the notice period. In this situation, the employee must then opt for an indemnified notice period.
It is worth remembering that the notice is not provided for in dismissals for just cause, which occurs when the employee causes some kind of damage to the company.
In this case, in addition to losing the right to notice, dismissal for just cause also eliminates benefits such as proportional vacation, proportional 13th and FGTS fine.
What are the benefits of working notice?
Working notice ensures that the company has time to carry out the proper termination process and, if necessary, carry out the selection and hiring process for a new employee.
It also gives the employee the opportunity to look for a new job. In addition to contributing a more advantageous amount for them during this period of redundancy.
What are the working hours for those on notice?
When the employee is dismissed by the employer, he or she then benefits from the workload issue.
Article 488 of the Consolidated Labor Laws (CLT) stipulates that during the notice period, workers can reduce their daily working hours by 2 hours, with no deduction in salary.
All employees have this right, regardless of the working hours set by the company. They can leave 2 hours early or start work 2 hours late.
In the case of salaries paid monthly or fortnightly, the worker can then choose to take 7 calendar days off instead of 2 hours a day. If they do so, they must notify their employer.
Do people on notice have the right to time off?
Yes. The worker continues to work the normal work schedule during the 30 days' notice. That doesn't change.
Can employees work overtime during their notice period?
Overtime is only allowed in cases where the employee chooses to work full time and take 7 days off.
Therefore, during the 23 days left of the notice period, if the company authorizes it, he can work overtime as provided by law.
After the labor reform
The labor reform changed some items regarding prior notice. Previously, it was common for employees and companies to sign agreements regarding termination, especially in cases where the worker wished to leave without losing their rights.
Law 13.467/2017 formalized dismissal by agreement, establishing minimum requirements for this type of dismissal.
Working notice has not changed, but indemnified notice has been updated, as we mentioned in the topic on the types of notice.
Do you still have questions about this? Talk to our experts.
