Prior notice is a communication that must be made by the employer to the employee (or vice versa), notifying the end of the employment contract, within a certain timely period.
Prior notice is mandatory when the dismissal of an employee is without good cause. In other words, the employer must communicate in advance the desire to reopen the employment agreement with its employee. This scheme avoids surprises within the work environment, allowing time for the employee to get another job, or for the employer to look for a new person who can fill the position that will be left.
Labor law requires that prior notice be given between 30 and 90 days before departure company, depending on the employee's length of service. The law that governs the rules of notice is the 12506 of October 13, 2011.
If prior notice is not given, the employer or employee (depending on the case) must reimburse the party that was compromised. Example: If the employee does not comply with the period of work in advance, he must pay the employer for this time of absence.
Notice worked
The employee who receives prior notice of employment from the employer must remain exercising their functions within the company until the deadline for termination of notice. If the employee does not fulfill this period of work, he will have to pay compensation to the employer or will not receive for the last month of service.
Indemnified prior notice
The indemnified prior notice is configured when the prior notice is not complied with, the employee or the employer (depending on who was responsible for the absence of communication in advance), must pay the amount corresponding to the notice period of the building worked, being a minimum of 30 days and a maximum of 90 days.
Proportional notice
According to the new Early Notice Law (Law nº 12.506/11), in case of unfair dismissal, the prior notice must be proportional to the years of service.
For example, if a person has worked for up to 1 year in a company, the notice remains 30 days. However, for each additional year of service, Added 3 days of building notice. However, the maximum period should not exceed 90 days.
See also the meaning of Contract termination and Consolidation of labor laws.
