Constructive dismissal in Brazil
Company not depositing FGTS or paying wages late? See when constructive dismissal applies, what the worker receives and how to file in the Labor Courts.
Sidnei Pedro Dias
9/27/20264 min read
Constructive dismissal (rescisão indireta) is the legal name for the "employer's just cause". When a company commits a serious breach, such as failing to deposit FGTS, paying wages late or humiliating the employee, the worker may end the contract and receive everything as if dismissed without cause. The rule is in article 483 of the CLT (Labor Code).
When constructive dismissal applies
The CLT lists the employer breaches that allow constructive dismissal. The most common in practice are:
- failing to deposit FGTS or depositing irregularly;
- frequently paying wages late or paying part "off the books";
- failing to pay overtime, premiums or other contract amounts;
- demanding work beyond the employee's capacity or outside the contract;
- treating the employee with excessive harshness, humiliation or harassment;
- exposing the worker to serious health or safety risks;
- offending the honor of or physically assaulting the employee or their family.
Is late FGTS enough?
Yes. In March 2025, the Superior Labor Court set a binding thesis (Repetitive Appeals Topic 70): missing or irregular FGTS deposits are enough for constructive dismissal, and the worker does not need to have complained as soon as the problem began. It is worth checking your FGTS statement in the Caixa app.
What the worker receives
Once constructive dismissal is recognized, the amounts are the same as in a dismissal without cause:
- salary balance and notice pay;
- 13th salary and proportional vacation, with the constitutional one-third bonus;
- accrued vacation, if any;
- missing FGTS deposits, plus the 40% fine, and withdrawal of the fund;
- unemployment insurance forms, if the requirements are met.
Do I need to leave my job first?
It depends on the reason. When the breach is a failure to perform the contract, such as late FGTS or wages, the law allows the employee to keep working while the case proceeds. In serious situations, such as harassment or health risks, leaving may be necessary. Leaving without guidance is risky: if the court does not recognize the company's breach, the departure may be treated as a resignation, with loss of amounts due.
How the process works
Constructive dismissal is requested in a Labor Court action. The judge reviews the evidence of the company's breach and, if recognized, declares the contract ended and orders payment. Helpful evidence: FGTS statement, payslips, proof of delays, messages, emails and witnesses.
Is there a deadline?
The labor claim must be filed within two years after the contract ends, and it covers rights from the last five years. Those still employed can act while the breach continues.
Summary
If the company does not deposit FGTS, pays wages late or treats you with disrespect, the law allows you to end the contract and receive payment as if you had been dismissed. The right path is to gather evidence and seek guidance before leaving.
SPD Advocacia reviews constructive dismissal cases in Anápolis and throughout Brazil, confidentially. Reach us on WhatsApp +55 62 98184-3257.
Updated in September 2026. Informational content, in line with OAB rules (Provision 205/2021). Each case needs its own analysis, and we do not promise results.