After signing the termination, how many days do I receive?

But after all, how many days do I get after signing the termination notice? Is there a legally stipulated deadline? What are my rights regarding termination?

Signing a termination is an event that brings with it many questions from employees.

In general, these are related to the amounts and deadlines for receipt, since the settlement of accounts after dismissal is full of rules and criteria, in order to guarantee the rights of both parties involved.

Today's material provides the answers to these and many other related questions, so if you want to stay up to date on the subject, just continue reading!

What are my rights after signing the termination agreement?

Going through the process of termination of employment is a situation that arises from various reasons, and each of them produces its own circumstances.

This is because termination by resignation is very different from termination without just cause, and both are quite different from dismissal for just cause.

Each of these situations creates different demands on the worker and the employer.

However, it is a fact that whether in a positive circumstance, where the employee is moving on to another opportunity, or in a negative case, such as a dismissal for just cause, there are rights to be paid upon termination.

But, after all, what are these rights?

Let's briefly explain these amounts to be received.

FGTS - a right after signing the termination

The Guarantee Fund is an amount paid by the company monthly, which can be withdrawn by the employee at the end of the contract.

The idea is to provide financial assistance to workers in the event of unfair dismissal.

For this reason, those who resign or suffer justified termination cannot withdraw the FGTS.

In this case, the amount is retained and can only be withdrawn on specific occasions.

However, if released, the worker will be able to withdraw the entire amount, and will also be entitled to a fine of 40%.

Vacation 

When going through the termination process, the former employee is entitled to receive accrued vacation pay.

In addition, the same person can also receive a proportional amount for the months worked for the next vacation.

In this case, it is the value of ⅓ of the salary, based on the months worked.

In the case of accrued vacation, the employee is entitled to receive it in cash.

13th salary 

When signing the termination, the employee is entitled to receive the 13th salary proportional to the period worked.

This means that if the employee worked for 4 months of that year, he will be entitled to 4/12 of the 13th.

It is important to note that the 13th salary is a guaranteed right, even if the worker has resigned or been dismissed for just cause.

Salary for days worked in the month

After the dismissal process, the employee has the right to receive payment for the days worked in the month.

This means that if you worked for 15 days in the month before your dismissal, those days will count towards your severance pay.

In fact, these days also count towards the calculation of the 13th salary and vacations.

Prior notice 

After being fired, the employee is required to serve his notice period.

But sometimes the employer releases the former employee from compliance.

In this case, the company must pay the notice period in cash.

It is worth mentioning that, if the employee refuses to serve the notice, he will suffer a discount on the termination.

Overtime

If the worker has overtime due, the employer will have to pay them after signing the termination.

These overtime hours are paid in cash, in addition to counting towards the calculation of 13th salary, vacation, and other rights.

After signing the termination, how many days do I receive?

In the previous topic we saw that signing the termination offers the employee some rights.

This way, you don't leave empty-handed and can look for a new job with more peace of mind.

However, it is worth mentioning that the payment of rights depends on the way in which the dismissal occurred.

This is because resignations or dismissals for just cause offer fewer rights than dismissals without justification by the employer.

But, generally speaking, everyone has something to receive, and this is described in the termination of the contract.

After all, after signing the termination, how many days do I receive? 

It is important to note that this information is legally determined, so the company has a deadline to pay the former employee's rights.

This period corresponds to 10 calendar days, but please note that these are calendar days, not business days.

This means that the company cannot claim the existence of weekends or holidays to delay payment.

Therefore, after signing the finalization of your employment contract, you will have to wait up to 10 days to receive your money.

The company is late with the payment, what should I do?

By now you already know the answer to "after signing the termination, how many days do I receive?".

Therefore, it was clear that the deadline for payment of termination rights corresponds to 10 calendar days.

However, it is not uncommon for the company to not pay the amounts on the correct date, so that the 10 days pass and the amount does not appear in the account.

What should I do in this situation? Is there a late fee?

If you experience this situation, the first step is to contact the company in order to resolve the situation amicably.

However, if nothing is resolved, it is recommended that you file a labor lawsuit against the company.

This process will guarantee payment in court, in addition to requesting a fine corresponding to 1 base salary of the employee.

It is worth mentioning that it is very important to file a lawsuit in this case, as there is a deadline to request severance pay.

Many end up leaving it there, and when they go to collect, the deadline to file a lawsuit has already passed.

This is worth especially for the FGTS, so stay tuned to ensure your rights! 

Finally, we would like to remind you to always pay attention to the termination paperwork.

This is because it is not uncommon for workers to sign severance packages that do not correspond to the correct amount.

So, be careful, and don't hesitate to take legal action if something isn't in accordance with the law.