Articles 479 and 480 of the CLT: understand what they say

[jisansorkar8990]

Prior notice is a fundamental step in the process of terminating an employment contract, and understanding the legal obligations set out in articles 479 and 480 of the Consolidation of Labor Laws (CLT) is essential to ensure compliance with the legislation and avoid future problems.

Clearly, for HR managers and business owners, knowing how to correctly calculate and apply advance notice can optimize personnel management, reduce conflicts and ensure that both the company and the employee fulfill their rights and duties fairly.

In this text, we will clarify the main points of these articles and how to apply them in practice within your organization. Continue reading and find out more about the subject!

sesame hr logo
All the information you need, in one place, with Sesame RH's Document Manager

Efficiently manage profiles, employment histories, and more to boost team australia whatsapp list productivity and satisfaction from one secure, accessible place.


Free Trial
What do articles 479 and 480 of the CLT say?
First of all, we need to know that articles 479 and 480 of the Code deal with issues related to prior notice in situations of termination of employment contracts. Here is a summary of each:

Article 479
Article 479 of the Consolidation of Labor Laws (CLT) establishes that, in the event of termination of the employment contract without just cause by the employer, the employee is entitled to a proportional notice period . In other words, the notice period increases according to the employee's length of service with the company.

Length of service : For each year of work, the notice period increases by 3 days, up to a limit of 30 days.
Article 480
Article 480 deals with the situation where the employee resigns. In this case, the employee must also serve the notice period, but it is not mandatory that it be of a proportional duration.

On the other hand, the employer may demand compliance with the notice or decide to waive compliance , paying the employee the amount corresponding to the period of notice not served.

These articles establish the basis for calculating and enforcing the obligation to comply with the prior notice , whether by the employer or the employee.

In practical terms, we have to pay attention to these key points:

The employer must pay compensation if he decides to terminate the employment contract without just cause.
The compensation is equivalent to half of the salary that the employee would be entitled to if the contract had been fulfilled until the end.
The law applies to indefinite-term contracts, i.e. it does not include temporary or fixed-term contracts.
Therefore, as a manager or business owner, it is vital to understand the implications of these legal provisions to properly manage your labor relations and avoid potential legal complications.

BR - INBOUND - Guide - CLT
Consequences of the fine provided for in article 480
This fine refers to the compensation that the employer must pay to the employee when he or she is dismissed without just cause during the period of a fixed-term contract. This amount is calculated based on half of the salary that the employee would be entitled to until the end of the contract.

It is worth noting that the fine only applies to fixed-term contracts , i.e., those with a previously established end date, and the employee is guaranteed to receive their wages until the end of the stipulated period.

If the company decides to terminate the contract before this deadline, without the employee having committed a serious offense, it must pay the fine provided for in article 480 of the CLT.

The value of the compensation is half of the wages that the employee would be entitled to until the end of the contract.