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Brazil: New Labor Law Extends Notice of Dismissal to Up to 90 Days

(Oct. 19, 2011) On

October 11, 2011, Brazilian President Dilma Roussef signed into law legislation that amends the Consolidation of Labor Laws (Decreto-Lei No. 5.452, de 1 de Maio de 1943). According to Law No. 12,506 of October 11, 2011, in case of dismissal, a worker may be entitled to receive from his employer up to a 90-day advance notice. If the person has been working at a company for a year or less, the current 30-day notice, as established in article 7(XXI) of the Constitution, applies. (Constituiçãoda República Federativa do Brasil [C.F. 1988], promulgated on Oct. 5, 1988.) Under the new law, the employer's required notice now is proportional to the time worked by the employee, and after one year of employment it is necessary to add three more days'notice given to the employee for each additional year worked, up to the maximum of 90 days. (Dilma Sanciona Sem Vetos Lei que Prevê até 90 Dias de Aviso Prévio, O GLOBO (Oct 10, 2011).)