How to calculate termination effectively step by step?

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Knowing how to calculate a labor termination step by step is essential so that all rights of both parties are preserved.

This knowledge, above all, is the guarantee that this entire process is easier and smoother for the former employee and the employer. This is with the purpose of avoiding possible legal problems in the future.

In order to help you, we have prepared a step-by-step guide that will bangladesh whatsapp list help you carry out the entire termination process in a more relaxed manner. Let's take a look:

What are the 6 types of termination?
Let's now look at the six types of termination that we can carry out.

BR - INBOUND - Guide - CLT
Dismissal without just cause
Caused when the termination of the contract is due to the sole will of the employer. In this case, the employee's rights are:

Prior notice
Accrued vacation, plus 1/3, proportional vacation
Proportional thirteenth salary
Salary balance
40% fine on FGTS, which is the penalty for unjustified dismissal
Withdrawal of FGTS deposits
The employer still has to issue the necessary documents so that the worker can qualify to receive Unemployment Insurance.

Dismissal for just cause motivated by the employee
This type of dismissal occurs when the employee commits any of these serious offenses:

Dishonesty or misconduct,
Indiscipline,
Neglect,
Abandonment of employment ,
Violation of company secrecy,
Drunkenness on duty,
Physical aggression and aggression against colleagues, boss and employer, among others, as provided for in art. 482 of the CLT.
In this case, the employee only receives the remaining salary and accrued vacation periods.

Indirect termination or negligent act of the employer
Indirect termination occurs when the employer fails to comply with legal or contractual obligations, making the employee's continued employment with the company unsustainable. Let's look at some of these situations:

Failure to pay wages
Not offering safe conditions
Failure to pay the bonuses provided for in the contract
Failure to collect FGTS
Discrimination
Physical and verbal aggression
Constraints and moral harassment
Function demotion
Failure to provide protective equipment
Function deviation
The first step is to notify the employer through a lawyer.

Resignation
This happens when an employee wants to leave their job. However, when they resign, they lose the right to advance notice and the 40% severance pay on their FGTS, and they cannot withdraw it. They also lose the right to unemployment insurance and are no longer covered by employment guarantees.

Agreement between the parties
This is a modality in force since 2017, introduced by the Labor Reform . It occurs when the employer and the employee agree to end the contract. The rights maintained: