Brazil: Legal implications of missing dismissal medical exams

In Brazil, the dismissal medical exam (exame demissional) is a mandatory occupational health assessment that must be completed within 10 days of a contract's termination. The responsibility for organizing and funding this exam lies solely with the employer, regardless of whether the employee resigned or was terminated.

Failure to conduct the exam can result in administrative fines for the company and may complicate its legal defense in future labor lawsuits. While the absence of the exam does not typically cause the worker to lose their severance pay, the employer must still process all termination payments within the legal timeframe even if the Occupational Health Certificate (ASO) is not yet ready.

Under NR-7 regulations, the exam is required for all termination types unless a previous exam was conducted recently: within 135 days for risk levels 1 and 2, or within 90 days for risk levels 3 and 4, provided the worker's role and risk exposure have not changed.