Being fired close to retirement becomes a bigger problem than at any other time in life.

But there is what is called pre-retirement stability. Stability before retirement is a guarantee that the worker cannot be fired if he is about to meet the requirements to receive his retirement.

Generally, this period is 12 to 24 months before retirement. Please note, however, that this stability is not guaranteed by law.

However, it is a right guaranteed by unions, whether in a collective agreement or in the collective agreement of the union that represents the category of worker. That's why you should consult your category's union and check if you have this right. However, these clauses only apply to terminations without cause.

Who is entitled to this type of pre-retirement stability?

• banking;
• teachers;
• journalists;
• traders;
• chemicals;
• metalworkers;
• workers in the clothing industry, construction and plastic materials;
• pharmacists;
• propagandists;
• sellers.

I was fired close to retirement, what should I do?

If you are fired without just cause, without having met the retirement requirements and are in office, you must first check the existence of an early retirement stability clause in the collective agreement of the union in your category.

This is the clause, you must seek the defense of your rights with a lawyer specialized in labor law.

In the event of unfair dismissal during the period of employment, the employee has the right to reinstatement in the employment relationship, as well as compensation for moral and material damages relating to the time in which he was away.

And also in the case of dismissal for just cause or force majeure, the worker is not protected by the right to stability. But if you are fired and are not eligible for this stability, you can continue to make payments to INSS as an optional contributor.