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Employment

New document for termination of employment contract becomes effective today

01/02/2013

This article was translated by an automatic translation system, and was therefore not reviewed by people.

 

 


Carolina Sarres
Brazil Agency Reporter


 
Brasilia - The use of the new model of the Terms of Termination of Employment Agreement shall be binding on all employers to dismiss employees without cause from today (1st). The document should have become mandatory on November 1, 2012, but the term has been postponed due to poor adherence of companies to the term, according to the Ministry of Labour and Employment. Thus, employers have had over six months to adapt to the new term, which was approved in July 2012. According to the Minister of Labour, Brizola Neto, there is no possibility to extend the deadline.
 
Without the term of withdrawal, no worker can withdraw the Guarantee Fund for Length of Service (FGTS) or unemployment insurance agencies in the CEF. This failure also applies to domestic workers who have FGTS.
According to a statement released by Caixa in November 41% of employers had joined the new term to the period, which was considered a low percentage by the Ministry of Labour.
 
In the new model, the severance pay due to the employee and the deductions made shall be specified in detail. In the document should also contain additional night, unsanitary and dangerous, overtime, vacation pay, notice indemnified, thirteenth salary, tips, bonuses, family allowances, fees and fines. Still to be broken advances values, pensions, contributions to Social Security and Income Tax Withholding (IRRF). According to the government, the goal is to facilitate the conference of the amounts paid and payable to the employee.
 
"The new term has brought more security for both parties. For the worker, because it details all the rights severance, as values of overtime, in detail. Therefore also protects the employer and will have on hand a more complete document if occur further inquiries, until by the Labour Court, "it said in a statement, the minister Brizola Neto.
 
To the Mayor of Shopkeepers of the Federal District (DF-CDL), Alvaro Silveira Junior, the new term will be beneficial for employers and employees.
 
"As the details become clearer in the document, there is more certainty and clarity that the company paid and the worker received. Upon retirement, many people have problems with this kind of divergence in documents," he said.
 
For the president of CDL-DF, still lack information on the new document for workers and small businesses, but he believes that with the start of the obligation, the changes should come to public knowledge.
 
The new term should be printed in quadruplicate, one for the employer for the employee and three - two of which must be delivered to the box to serve FGTS request and unemployment insurance.
 

Edition: Lilian Beraldo

Source: Agency Brazil

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This article was translated by an automatic translation system, and was therefore not reviewed by people.

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