Start Management in Practice How to Calculate Termination of Work

How to Calculate Termination of Work

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Contract Termination Calculation - Work Portfolio
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Calculation of Termination of Employment Contract
Gross salary
 
 
Admission date
 
 
Date dismissed
 
 
Reason for termination
Request for resignation Unfair dismissal
Waiver for just cause End of Experience Contract
Early termination of the experience agreement by the company
Early Termination of Employee Experience Agreement
Retiring for employee's death
Overdue Vacation
No Yes
Type of notice
Worked Indemnified Dispensed
Children under 14 years
 
 
Collective Holidays in days
 
 
Fouls not paid
 
 
 
Severance pay
Salary Balance
days
hour salary
Total
13º Proportional Salary
1 / 12 x
gross salary
Total
13º Indemnified Salary
1 / 12 x
gross salary
Total
Family Salary
1 / 30 x quota
days
dependent
Total
Overdue Vacation
days
hour salary
Total
Proportional Holidays
1 / 12 x
days
hour salary
Total
Holidays Indemnified Notice
1 / 12 x
 
gross salary
Total
1 / 3 total vacation
Total
Indemnified Prior Notice
days
hour salary
Total
Fine art. 479 CLT
days
hour salary
Total
 
deductions
INSS Salary Balance
Aliquot
Total
INSS 13 ° Salary
Aliquot
Total
IRRF Salary Balance
Aliquot
Total
IRRF 13 ° Salary
Aliquot
Total
Indemnified Prior Notice
Total
Fine art. 479 CLT
hour salary
days
Total
 
Total Receivable
Total Gross
Discount
Net to receive
 
Notes

To correctly contract termination calculation you need to use the following data:

  • Type of termination
  • Monthly Salaries of Employee
  • Holidays overdue and proportionate
  • Thirteenth proportional
Now let's look a little bit more about the calculation of termination as a whole:

What is contract termination calculation?

A termination of employment contract is a request for disruption of work obligations between an employee and a company. It is one of the most stressful people management and contractual termination may be effected by both parties.

Why do: The termination of an employee's employment contract contemplates a series of variables that must be kept in mind to avoid making any mistakes when calculating. That's why it's important to pay attention to details so you do not have problems with inaccurate calculations. Then you can find the data to do the calculation, as well as how to do it.

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Learn how to calculate contract termination

We'll see how to calculate step by step termination using an excel spreadsheet as an example:

contract termination calculation

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Before starting to do the calculation it is important to understand some concepts and terms.

Resignation

When the employee decides to leave the company. In that case it loses the right to withdraw from the FGTS at that time, although the money remains in the linked account for future withdrawal.

Resignation for just cause

When the employee is dismissed for having committed a fault that justifies a just cause. Similarly, the company does not deposit the 40% of the FGTS and does not release the withdrawal into the linked account.

Resignation without cause

When the employee is dismissed by decision of the company. In that case, everything stipulated in the right to the employee by the CLT must be paid.

Indemnified prior notice / prior notice worked

For either dismissal or dismissal without just cause, an employee and company must agree on the payment of prior notice. However, either side may decide to pay notice. In the request for dismissal the employee will have the money discounted from the termination. Already in dismissal without just cause the company adds one month to the value of the termination. If it is worked there will be no liens on either side, only the normal maturity.

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What the employee should receive in any situation

contract termination calculation - second example

Monthly salaries

The monthly salary is nothing more than the month worked, plus extra hours and additional if applicable.

Holidays overdue and holiday proportional

If the employee has expired leave these should be paid together with the calculation of termination. Also the vacations of the months worked and that would win in the next vacations must be paid.

Thirteenth proportional

As the thirteenth must be paid at the end of the year, at the time of dismissal, the months of the current year must be paid. Always on account expired months / 12.

What should an employee receive when dismissed without cause?

calculation of termination of contract without just cause

Early warning

As described above the company has the right either to choose to pay the employee or let him work for another month.

Release of the guarantee fund by length of service (FGTS) and fine of 40% due by the company

Every month the company deposits the amount related to the FGTS. This serves as security for an employee who is dismissed without cause. So he can draw when this situation occurs. In addition to the monthly deposits, the company is obliged to pay 40% of the total amount by way of a fine for having dismissed the employee without just cause.

These are the calculations needed to be made at the time of dismissal, but each of these calculations has its own particularities. 

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39 COMMENTS

  1. Hi Kelvin, I suggest you talk to a licensed lawyer. The fact that you do not have a signed license is already a first mistake and, in theory, you should have received a yearly holiday (you can have a cash payment), the thirteenth salary. It is worth talking to your employer when the time is right to understand your rights with him.

  2. Good Morning!
    Unregistered work has been 13 for years, since 2005 and I will turn it off at the end of the year, day 01 / 12 / 2018
    I only took 2 holidays sometimes, and I only received 2 13º.
    My salary is 2000,00
    What am I entitled to?

  3. Hi Jeferson, I am not a specialist in this area, but I believe that an employee who is dismissed without just cause is entitled to receive the salary of the notice period, to withdraw the FGTS, to receive the severance indemnity, the salary balance, and proportionate one third more of the normal salary ("constitutional third"), 13 proportional and unemployment insurance. Anyway, it pays to check what applies to your case specifically.

  4. Hello good afternoon..
    saw I was shown without just cause after five years..soh q was on 20 day .. my correctness and done in relation to the last salary before being sent away or the previous to the end of the previous notice?

  5. Hi Rubem, if you do not want to retire you do not have to sign the papers. If your employer wishes, you can resign and pay the related amounts correctly.

  6. I am with 28anos of company my manager came with a talk of retiring, only that this of malandragem, wants that I resignation to I am without gaining nothing, I can refuse to sign the papers.
    I do not want to retire now.

  7. In case my 13º and the third of fair not paid during the years worked, I lose them?

  8. Hi Loeny, it is not true that the worker loses his rights after 5 years of work. In relation to the correct payment of items such as thirteenth, vacation, etc. If your employer does not make the payments correctly this does not justify receiving less or different in your decision, usually the calculation is done according to the period you work and your current contract

  9. I've heard that after 5 years of service the worker is not entitled to anything, (ZERA). it is true? And when the boss does not pay 13º, third of vacations and does not close the accounts every end of year, in the termination of contract as if the calculation is made?

  10. Good afternoon, will any lawyer here be able to get me two doubts?
    The first one is, I joined a company 15 / 09 / 2015 and I was sent away on 15 / 09 / 2016 day I'm entitled to unemployment insurance? Remembering that would be the first request.
    The second would be, how is the termination of salaried employee and commission calculated?

  11. Hello 1 8 04 2015 / 29 / 07 2016 1.025.00 XNUMX XNUMX XNUMX wanted to know how much I should receive ..

  12. Hello, I work in a company ha 2 years and 6 months. 2 years registered, I want to quit, would you like to know what my rights are?

  13. Hi Larry, is everything okay?

    When starting a business you will have to pay taxes on the amounts you receive, if you are MEI (individual micro entrepreneur), it is around R $ 50 per month and you can receive up to R $ 60.000 per year if I am not mistaken - see all the details here - http://www.portaldoempreendedor.gov.br/mei-microempreendedor-individual

    The problem of continuing without a formal contract and without a formal bond is that it is not a legal way of providing services or working, which may harm you and your employer in the future.

  14. Good Morning! I would like to know the following, I work in a company as an employee without a signed contract, today the employer wants me to open a firm and start working as a service provider. I would like to know what are the advantages and disadvantages of this change? Thankful.

  15. Oi Sorbito, this calculation will depend on the type of bond break that is occurring. If it is an indemnified advance notice, take the calculation of the last 12 months, according to the article beside> http://www.guiatrabalhista.com.br/tematicas/rescisao_media.htm

    Now, it may be that your employers are adopting some other way and you will need to be better informed. Anyway, to help, there are online calculators for this type of doubt http://www.calculadorafacil.com.br/trabalhista/calcular-rescisao

  16. Hello, I am a teacher and I receive monthly for the hours worked, meaning that from one month to the next something always varies. The company / course is closing its activities and will send everyone away next month, 29 day, but we will only be able to work until 12 day, so we will receive a little less than half of the hours that we would do in the month all. How do we calculate the recession? Is it the salary of the last month? Is it an average of the last twelve months? How does it work?
    Thank you

  17. Hi Uilton, this will depend on the work contract you have with this company and the way you leave.

  18. Hi, good morning, I'm going to do a fourth year in a company, did you want to know if I quit now, how much do I get in total, and if I make a deal, how much do I get?

  19. the caucolu of the recession is done by the q tah in the wallet or by the q ta in the check and is done by the last one or last three pelous

  20. Hi, I was fired in 3 years in the company, like Fasso to know what the value of my recession would be?

  21. Hi Lucas, this is a slightly more specific case (in relation to your company closing the doors). I advise you to talk to a lawyer or accountant.

    In relation to the date of signing your portfolio, it is certainly not correct, but I always recommend friendly settlements rather than go to court.

  22. Good afternoon, I work in a shoe store in the mall, 3 days ago I was informed that the store will close but did not know the date yet, and today they informed me that tomorrow is my last day because it will close, I wonder if it counts as a dismissal without just cause and if I can resort to something because I will not have the prior notice to comply. My work record was also signed on the wrong date, working since 18 / 11 / 2014 day and it was signed day 01 / 01 / 2015. Thanks in advance!

  23. The date of disconnection will be 22 day, and your unexcused shortages will be properly discounted.

  24. I have a question, I tabulated until the last day of May and then I returned in June on 19. When I returned I had a conversation and on 22 the company informed me that I would be fired. I would like to know what date would come to calculate the termination of the day 22 / 06 or the last day worked. And the dismissal was not just due cau. obs: I could not justify faults

  25. Hello I work at night I receive 30% of dangerousness and additional they sent me away eh the term was 45 + 45 sent with 68 days the calculation I make on the salary in the portfolio that eh 1000 or 1000 more 300 of the dangerousness?

  26. I would like to ask a question, in the case of the resignation request right after the end of the period of experience, I have much to lose? or can I at least get the last month I worked?

  27. Hello, I asked for a resignation and I paid the previous notice, it ended this week, and they told me that I would get an x ​​value from the recession and another one went out, and I'm not sure how I can find out if it's right or wrong, please help me !

  28. Hi VFC,

    It's OK? Really, your case is quite complex and I suggest you seek help from a labor lawyer in your area, okay?

    Hugs and good luck!

  29. Good morning, in May 21 years ago I work in a company of these 21anos 11 are like tec. inf. of the work and never paid me the insalubrity, and more than 3 years after the other tec resigned work alone, sometimes I'm in the industry call me to go down to the city many times I have to get a ride to come to the city, the most 6 years also give me a holiday on paper but I have to stay working and only leave almost 1 month after the Nurse returns from her vacation, I wonder if I can resign for just cause. What are my rights?

  30. Hi Sali, how are you?

    This post here is very good and can help you to solve many of your doubts about night time - https://blog.guiabolso.com.br/2013/10/25/como-funciona-o-adicional-noturno-na-clt/

    To summarize, you have the right to be paid extra for the nightly hours worked (from 22h and up to 5: 00). As for the request for dismissal, the rights are the same for any labor legislation.

    In any case, in order to avoid being prejudiced it is good for you to have a total sense of everything you can charge and to have a transparent and good relationship with him, so that the whole process is done in a friendly way.

  31. Hi, I've been working for a year in November of 2014, I'm working in a pizzeria as an attendant, I work from Sunday to Sunday with a break in the week and a Sunday in the month of 16: 00 to 00: 00 when there is movement when there is no 23: 00 does not pay overtime or nightly surcharge.
    There, I carry out several functions, I clean the premises, I serve clients with customer orders and delivery, and I also assemble the pizzas.
    I want to resign early next year what are my rights?
    What do I do not to be harmed?
    I thank you.

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