I worked for 2 years, how much will I receive upon my termination?

If I worked for 2 years, how much will I receive in my severance pay? Many people ask themselves this question after leaving a company they have worked for for quite a while.

Many people want to know how much they will receive so they can organize their finances for the period they will be unemployed or without receiving any income.

What is termination?

The termination of an employment contract is a document that formalizes the end of a professional relationship.

Generally, termination occurs when one of the parties involved in the contract decides to end it before the established term or when the contract is fully complied with.

There are several types of terminations, and each of them has different characteristics that require the fulfillment of duties by the employee and the employer.

Terminating a contract usually involves legal and financial issues, such as the payment of severance pay and compliance with employment obligations, such as the delivery of documents and termination of employment.

But if I worked for 2 years, how much will I receive?

Now let's ask the most important question: how much do you earn for two years working at a company?

To know this, we will need to divide it into three types of dismissal, as each of them has different characteristics that impact the termination.

Without just cause and with worked notice period

If this is your situation, and you have worked your notice period, you will receive the same salary amount, but if you are absent during this period, a discount will be made for those days.

Companies must pay three more days for each year worked by the employee, so if you worked two years, you will receive the equivalent of six more days as well.

If you have open vacations, the company will pay an additional month's salary, in addition to a third of the salary for vacations.

Because it is a dismissal without just cause You can withdraw your FGTS, and in addition to these amounts above the termination, the company must pay 40% of the FGTS fine.

Considering a scenario of someone who receives R$1500, with open vacations under these conditions, he/she would receive around R$3,861. This is not a completely correct calculation since it was made based on something fictitious.

The FGTS fine of 40% was not added to this calculation.

Without just cause and with compensated prior notice

In this case, the company will pay your salary, and you will not need to serve your notice period. 

If you have overtime, you will be entitled to receive it when your employment contract is terminated.

Now someone who worked for two years and has outstanding vacation would receive R$5,918, not counting the 40% of the FGTS fine.

With just cause

If the dismissal is for just cause, the company will not pay notice and you will also not be able to work during the notice period.

Workers who are dismissed for just cause also do not receive unemployment insurance and cannot withdraw their FGTS.

Despite this, a person who is dismissed for just cause is entitled to the value of their vacation that was not taken and salary for days worked, if they have not yet received it.

Types of termination

As we mentioned, there are different types of employment contract termination, with different characteristics and consequences.

Just cause

Termination for just cause occurs when the employer decides to terminate the employment contract due to serious misconduct by the employee.

This fault may be the violation of company rules, dishonesty, bad behavior, negligence and others related.

When this happens, the employee loses a series of rights, such as severance pay, advance notice and others.

Without just cause

Termination without just cause occurs when the employer decides to terminate the contract without the employee having committed any serious fault.

It is unilateral and the employee receives several rights, such as advance notice, proportional vacations, thirteenth salary and FGTS fine.

Mutual agreement

Termination by mutual agreement occurs when both parties, employer and employee, agree to end the employment contract before the established term.

In this case, the terms of termination are agreed between the parties and may include the payment of additional compensation, extra benefits or other mutually established conditions.

Term of contract determined

When a contract has an “expiration date”, termination will occur naturally when that date arrives.

In this case, it is not mandatory to pay advance notice, as the termination was already foreseen.

It is important to emphasize that each type of termination may have specific legal implications, including in relation to severance pay and employee rights.

What are the severance payments?

Severance pay is the amount owed to the employee when the employment contract is terminated.

They vary depending on the type of termination and the benefits the employee received.

First we have the prior notice, which is a period of notice that the employer must give to the employee when he decides to terminate the contract without just cause.

The notice period can be worked, in which the employee continues with his/her duties during the period, or compensated, in which the employer will pay the amount corresponding to that period.

We also have the salary balance, which is the amount corresponding to the days worked. For example, if the employer terminated your contract on the 20th, you will receive the amount corresponding to 20 days worked.

Also as severance pay, the employee can receive a payment proportional to his/her vacation, so if he has not taken all the time he could have, he will receive the proportional amount for the period not rested.

Upon termination, payment is also made. thirteenth salary, in which the employee will receive a salary proportional to the months worked.

And finally, when dismissing an employee without just cause, the employer must pay the FGTS fine, which is 40% of the total value of FGTS of the collaborator.

Understanding termination is very important, whether you have been fired or not. It is part of your rights as an employee and you need to know about it in order to fight for them.