Marval Legal Pulse - Labor Modernization: Termination of contracts and new compensation formula

A new episode of Marval Legal Pulse's special series dedicated entirely to the 2026 Labor Reform is now available. This comprehensive transformation introduces significant changes to the termination of employment contracts.

In this new episode, our partners Rodrigo Solá Torino and Diego Kelly, together with associate Paola Forchiassin, analyze the changes related to employment termination and the aspects that generated the most debate in the public agenda. 

During the episode, they address:

• the digital formalization of resignation;
• clarifications on tacit mutual agreement and its configuration period;
• modifications to Article 245 and greater clarity in the basis for calculating severance pay;
• the treatment of variable concepts and habituality;
• the updating of the cap regime and the incorporation of the “Vizzoti” criterion; 
• the creation of the Labor Assistance Fund (FAL) and its interaction with the termination system; 
• the limitation of additional claims for damages related to dismissal. 
   

This is a key analysis for understanding how the reform seeks to provide greater predictability, reduce litigation, and provide clarity in one of the most sensitive areas of labor law.

We invite you to watch the full episode and learn more in our Labor Reform Content Hub.