Article 477 CLT: fine and understand the legal implications

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If you are an employee or an employer, you need to be aware of a crucial issue in the Consolidation of Labor Laws: the penalty stipulated by Article 477 of the CLT . This fine is applied when the employer fails to pay the severance pay within the deadline established by law.

Lack of knowledge can result in serious financial consequences for the company and, for the employee, it can mean the loss of rights.

You may be wondering, “what exactly is the deadline for paying these amounts?” or “how much will this fine be?” These are essential questions that we will address below, so that you are fully informed about your rights and obligations.

This is an area that does not allow for mistakes. Therefore, I invite you to continue bolivia whatsapp list reading to equip yourself with the necessary knowledge, avoiding unpleasant surprises and ensuring efficient and fair human resources management within your company. Or, if applicable, ensuring that your rights as an employee are fully respected.

What does article 477 of the CLT say?
Article 477 of the CLT ( Consolidation of Labor Laws ) establishes the rules and procedures that must be followed when terminating an employment contract at the employer's initiative.

Here is a summary of the main provisions of Article 477 of the CLT:

BR - INBOUND - Guide - CLT
Deadline for payment of severance pay
The employer must pay the termination payments due to the employee within 10 days from the end of the employment contract, regardless of the reason for termination.

Proof of payment
The employer must provide the employee with documents proving payment of the termination benefits, such as the Employment Contract Termination Document and payment receipts.

Termination assistance
When terminating an employment contract , the employee may count on assistance from the union of the professional category or from a body of the Ministry of Labor.

Exemption from prior notice
When the employer exempts the employee from serving the notice period, he/she must pay compensation equivalent to the value of one month's salary of the employee.

Payment of proportional vacations and other rights
The employer must also include in the payment of termination payments any proportional vacations, proportional thirteenth salary, salary balance, overtime, among other rights to which the employee is entitled.

It is important to emphasize that failure to comply with the provisions of Article 477 of the CLT may result in penalties for the employer, such as the payment of fines and interest on overdue severance pay.

Therefore, it is essential that the employer correctly follows the procedures established in labor legislation when terminating the employment contract.

What is the value of the fine under Article 477 of the CLT?
The amount of the fine referred to in art. 477 of the CLT is equivalent to the employee's last contractual salary. In other words, if the employee received R$2,500.00, the fine will be the same amount.

It is important to highlight that this penalty is applied when the company does not pay the termination payments within the period established by law, which is up to the first working day immediately following the end of the contract or up to the tenth day, counting from the date of notification of dismissal, in the absence of prior notice, compensation for the same or exemption from compliance.