Existing user? Sign in
Share your needs with us, get contacted by law firms.
Free. Takes 2 min.
In Uruara, as in all of Brazil, wrongful termination is governed by federal labor law. The core framework is the Consolidation of Labor Laws (CLT), which sets out workers’ rights when dismissal occurs. A dismissal can be for just cause or without just cause, each with different consequences for severance and benefits.
Dismissals without just cause trigger mandatory payments to the employee, including the FGTS balance plus a 40 percent penalty, notice periods, and final vacation rights. The law also recognizes scenarios such as rescisão indireta, where the employee can end the contract due to serious employer misconduct. Understanding these rules is essential for residents of Uruara who believe their termination may be unlawful.
Under Brazilian law, the employer must provide a Termo de Rescisão do Contrato de Trabalho (TRCT) and settle all due verbas rescisórias when a dismissal occurs.Source: Planeto - CLT (Decreto-Legis 5452/1943)
The FGTS regime provides a 40 percent penalty on the total FGTS deposits in cases of dismissal without just cause.Source: Planeto - Lei 8.036/1990 (FGTS)
These rules are applied through Brazil's federal courts, with the Justiça do Trabalho handling disputes. Local enforcement and procedures in Pará, including Uruara, follow the same federal framework and are administered through the state’s labor courts. See official guidance for dispute resolution on government and MPT resources linked below.
In Uruara, disputes are resolved through the Justiça do Trabalho with processes handled under state jurisdiction for Pará. For practical guidance, consult official resources and consider speaking with a local lawyer who understands Pará’s procedures and courts.
Wrongful termination includes dismissal without just cause, or indirect termination when the employer commits serious misconduct. It also covers discriminatory dismissals and terminations during protected periods such as maternity leave. For specifics, consult the CLT and its reforms.
Begin by gathering contract documents, TRCT, pay slips, and FGTS statements. File a claim at the Justiça do Trabalho in Pará, or consult a local attorney to initiate the action and preserve evidence. A lawyer helps with deadlines and procedural steps.
Severance payments include the FGTS balance and related 40 percent penalty for dismissal without just cause, plus accrued vacation pay, 13th salary, and notice pay where applicable. Exact amounts depend on your tenure and contract terms.
Time limits vary by claim type, but generally claims must be filed within two years of discovery of the termination, with initial formal petitions often required within a few months. A lawyer can confirm deadlines for your case.
While not always required, a lawyer improves odds of recovering all owed amounts and protecting appeal rights. A local attorney familiar with Pará courts can manage paperwork and deadlines efficiently.
Rescisão indireta occurs when the employer commits serious violations that justify ending the contract by the employee. Common triggers include repeated wage disputes or non payment of benefits. A lawyer can assess eligibility and pursue the claim.
The 40 percent FGTS penalty applies when the employer dismisses without just cause. It is calculated on the total FGTS deposits made during the employment period and is paid in addition to the balance of FGTS funds.
Notice is typically 30 days, potentially extended by service years or negotiated terms. If the employer waives notice, payment in lieu of notice may be required through the TRCT process.
Dispensa sem justa causa is a dismissal without justification by the employer. Rescisão indireta is a termination initiated by the employee due to employer misconduct, effectively ending the contract for cause on the employer’s side.
Brazilian law allows reasonable attorney fees, typically paid by the losing party or agreed in a fee arrangement. A local attorney can explain expected costs and contingency options for your case.
Yes, many wrongful termination cases settle through negotiation with the employer or during court mediation. A lawyer can facilitate a fair settlement that covers all owed verbas rescisórias.
Collect employment contract, TRCT, pay slips, FGTS receipts, vacation records, any communications about termination, and records of wage disputes or safety complaints. Documenting timelines helps your case.
Lawzana helps you find the best lawyers and law firms in Uruara through a curated and pre-screened list of qualified legal professionals. Our platform offers rankings and detailed profiles of attorneys and law firms, allowing you to compare based on practice areas, including Wrongful Termination, experience, and client feedback.
Each profile includes a description of the firm's areas of practice, client reviews, team members and partners, year of establishment, spoken languages, office locations, contact information, social media presence, and any published articles or resources. Most firms on our platform speak English and are experienced in both local and international legal matters.
Get a quote from top-rated law firms in Uruara, Brazil — quickly, securely, and without unnecessary hassle.
Disclaimer:
The information provided on this page is for general informational purposes only and does not constitute legal advice. While we strive to ensure the accuracy and relevance of the content, legal information may change over time, and interpretations of the law can vary. You should always consult with a qualified legal professional for advice specific to your situation.
We disclaim all liability for actions taken or not taken based on the content of this page. If you believe any information is incorrect or outdated, please contact us, and we will review and update it where appropriate.
