Notice: What is it when to apply? Find out who’s entitled!

If you are an employer or employee, you may have heard at some point about the term Notice. But do you know how it works? Who’s entitled? In which instances does a person receive this type of warning?

If the answer is no, you need to check today’s content by the end, as we will clarify these questions and many others. Enjoy and make a good read!

What is it?

notice

As the term itself already mentions, notice is nothing more than a “notice” that the employer grants to the employee when he will terminate the employment contract.

And as this system is a two-way street, we can also consider it as the notice that the employee gives to the employer when he will terminate his contract if he has no interest in renewal.

In other words, the notice is intended to give the professional, both the employer and the employee, a deadline for establishing, in the case of the employer, that vacancy that remained open in the company and in the case of the employee, so that he can seek a new position in the labor market.

Who has the right?

Employer and employee are entitled to request Notice, provided they comply with the advance stipulated by law.
Of course, this type of service is for contracts indefinitely.

notice

However, if the employee commits a serious offence within the company, he may be dismissed for just cause, without prior notice.

How does it work?

When the employee requests his termination of contract, with prior notice, the employee gives time for the company to find a new employee to occupy his position / function.

This is considered very positive within the companies, because in many cases, the employee who asks to detach himself from the company can make use of the notice period to train the new employee to the post he will occupy.

Another important point to mention is that the employer or employee must communicate written notice. Larger companies often make this type of referral via the Human Resources (HR) sector, for example, but nothing prevents it from being a direct negotiation between employer and employee.

What is it for

notice

This system is for situations in which the employee, when dismissed without due cause by the company, within an indefinite term contract, may have a longer time at his/her disposal to seek a new job.

It can also be used by companies, when they no longer need the function performed by the employee, and the employee is working under contract indefinitely.

The time provided by law is 30 days, period in which the employer or employee must notify his termination of contract, having to act in this period, or resign immediately, giving up his last payment.

 Types of 

From the moment we have the prior granted by a company, it may have different settings such as:

  • Of Law: this is a type of notice of at least 30 days. This type of warning is considered “normal”, because it can be indemnified, evaluating labor issues, etc.
  • Proportional: this system is nothing more than that employee who completes one year, two, three of company, and each of these years completed gives the employee 3 more days notice. For example: you have terminated the employment contract with your employee and he has one year working in your company, he will have the 30 days of The Prior Notice of Law plus 3 days of Proportional Notice, which can be worked or indemnified.

In addition, prior notices may also be indemnified or worked on:

  • Indemnified: in this type of instance the employee’s working period is paid, but is not worked. For example: if an employee “x” arrives and resigns, but does not wish to comply with the notice, and in this case, the employer ends up not dismissing him from his obligation, the employee may have this amount devalued from his/her termination rights, which are: salary balance, 13th salary and vacation.
  • Worked: in this case the employer may require the employee to fulfill his/her function until the end of the notice and the salary will be paid normally.

Important Note: The Proportional Notice has a maximum of 60 days’ notice, and provided that the law is given 90 days’.

Can notice be renewed?

From the moment there is a termination of contract for a period that is considered indeterminate, within the assumptions of the CLT in its Article 487, the person is entitled to notice, except cases of experience contract.

However, if we are referring to an experience contract that has exceeded its term, it extends automatically for an indefinite period and thus, in order to be terminated, the party wishing to make the request has to communicate to the other with a certain advance (notice) of at least 30 days.

According to the law, this type of notice can only be extended if it falls within the proportional notice, other instances are irregular.

Learn more about them: https://www.gov.br/trabalho/pt-br