Notice Period in Brazil (Aviso Prévio) 2026: How Many Days, Worked or Paid in Lieu

Updated November 3, 2026

The notice period ("aviso prévio") is the time between the dismissal notice and the last working day. When an employer dismisses someone without cause in Brazil, the notice can be worked or paid in lieu, and the number of days grows with the time in the job (Lei 12.506/2011).

1. How many days

30 days for up to one year in the job, plus 3 days for each full year, up to a maximum of 90 days.

Full years in the job	Days of notice
less than 1	30
1	33
2	36
5	45
10	60
20 or more	90

Brazil's Superior Labour Court (TST) treats the extra days as a right of the employee: when the employee resigns, the notice owed to the employer stays at 30 days.

2. Worked or paid in lieu

Worked: while working the notice given by the employer, the employee works 2 hours less each day with no pay cut, or takes the last 7 consecutive days off, at the employee's choice (CLT, art. 488) — time to look for a new job.
Paid in lieu: the employer waives the work and pays the days. The period counts as service time (art. 487, §1): the contract end date moves forward, which can add another 1/12 of 13th salary and vacation, and FGTS is also deposited on the notice pay (TST Súmula 305).

Practice varies for the extra days above 30: many employers require only 30 days of work and pay the rest in lieu. Check your collective agreement.

3. Worked example

Salary of R$ 3,000.00, 4 full years in the job, dismissal without cause with notice paid in lieu:

Days of notice: 30 + 3 × 4 = 42 days
Amount: R$ 3,000.00 ÷ 30 × 42 = R$ 4,200.00 (gross)
For the 13th salary, vacation and FGTS, the contract now ends 42 days after the notice.

4. When the employee resigns

An employee who resigns owes the employer 30 days of notice. If the notice is not worked, the employer may deduct those days from the final pay (art. 487, §2). Employers often waive it on request — if so, get the waiver in writing.

5. Common questions

I found a new job while working my notice. In a dismissal without cause, TST Súmula 276 allows the rest of the notice to be waived when the employee proves the new job; the employer pays only the days worked.
I became pregnant during the notice. A pregnancy confirmed during the notice, even when paid in lieu, gives job security (CLT, art. 391-A). Talk to HR and your union.
Is notice pay taxed? Notice paid in lieu has no INSS and no income tax; worked notice is ordinary salary with the usual deductions.

Do the maths

In the severance calculator, enter the start and end dates, the salary and whether the notice is worked or paid in lieu: it counts the days under Lei 12.506, projects the 13th salary and vacation and shows the net amount. To check unemployment insurance, see the unemployment insurance guide.

This guide covers the general CLT rules; collective agreements may offer better terms. If in doubt, ask HR or your union.

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