Brazil (BR)
South America's largest country, combining major work hubs, world-famous culture, beaches, Amazon biodiversity, strong digital payments, and complex but navigable bureaucracy for expats.
Employment Rights
Sick leave, dismissal protection and red flags in Brazil.
Brazilian labour law is governed by the Consolidação das Leis do Trabalho (CLT — Labour Laws Code) and the Federal Constitution. The Ministério do Trabalho e Emprego (MTE) enforces labour standards, while the Tribunal Superior do Trabalho (TST) and regional Tribunais Regionais do Trabalho (TRT) resolve disputes. Key protections for formal (CLT) employees include: signed Carteira de Trabalho (work record), monthly payroll, INSS (social security), FGTS (unemployment fund), 13th-month salary (décimo terceiro), paid vacation, and severance rules. PJ (Pessoa Jurídica / contractor) arrangements are common but carry risk if they disguise real employment. All workers in Brazil — including foreigners with valid work authorisation — have the same CLT rights as Brazilian nationals.
Sick leave
Rules: Employees must notify the employer as soon as possible and provide a medical certificate (atestado médico) from a licensed doctor. The certificate must state the period of incapacity. Employer pays the first 15 consecutive calendar days of sickness absence in full. From day 16, if the incapacity continues, the employee applies to INSS via the Meu INSS app or website for auxílio-doença (temporary incapacity benefit — renamed auxílio por incapacidade temporária). INSS requires a minimum 12-month contribution period (carência) for most workers, except for workplace accidents.
Doctor note: From Day 1 if the employer requires it under internal policy (most do). The atestado médico must cover the full absence period and bear the doctor's CRM registration number. INSS requires its own medical assessment (pericia médica) from day 16.
Employer pay: First 15 consecutive calendar days: full salary paid by employer. From day 16: INSS auxílio-doença replaces employer pay.
Long-term: INSS auxílio-doença (now auxílio por incapacidade temporária): 91% of the employee's social security salary base, capped at the INSS benefit ceiling (teto do INSS — approximately BRL 8,157/month in 2026). Duration: payable while incapacity continues, with periodic INSS medical reviews. For permanent incapacity: aposentadoria por invalidez (disability retirement) at 100% of the benefit base.
Dismissal protection
Law: CLT provides three main termination scenarios: (1) Dismissal without cause (dispensa sem justa causa) — employer pays full package including FGTS + 40% penalty, proportional vacation + 1/3, proportional 13th, and aviso prévio (notice); (2) Dismissal with just cause (justa causa — Art. 482) — employer owes only FGTS without penalty; (3) Mutual termination (distrato — Art. 484-A, post-2017 reform) — reduced costs. Protected categories (estabilidade): pregnant women (confirmation of pregnancy to 5 months post-maternity); workplace accident victims (12 months after recovery); union officials (during term + 1 year); employees in pre-retirement window (24 months before retirement age — collective agreement dependent). Reform: Lei 13.467/2017 (Reforma Trabalhista) introduced new termination forms and weakened some protections.
Deadline to sue: Labour claims (ação trabalhista) must be filed at the Tribunal Regional do Trabalho (TRT) within 2 years of the end of employment. Claims can cover acts from the previous 5 years of employment (prazo prescricional quinquenal). CRITICAL: for specific urgent remedies or injunctions, seek legal advice immediately. After the 2-year period, the claim is extinguished by prescription (prescrição bienal).
Probation
Contrato de experiência (trial contract): maximum 90 days total, usually 45 days renewable once. The trial period is a fixed-term contract under CLT Art. 443. If the employer terminates before the 90-day period, it must pay: notice pay (aviso prévio), proportional vacation (férias proporcionais) + 1/3 constitutional bonus, proportional 13th salary, and FGTS (8% of all remuneration + 40% penalty on the FGTS balance). After 90 days, the employment is converted to indefinite term with full CLT protections.
Notice periods
Aviso prévio (notice): minimum 30 days for up to 1 year of service. From year 2 onwards: +3 days per additional year of service, up to a maximum of 90 days (i.e., 30 days + 60 days = 90 days for 20+ years). Payment in lieu of notice (aviso prévio indenizado) is common. Employee resignation: same notice periods apply; if employee fails to give notice, employer can deduct equivalent salary.
Working time
Max hours: 8 hours per day / 44 hours per week (CLT Art. 58). Maximum overtime: 2 hours per day. Collective agreements may reduce these limits. Some sectors (healthcare, retail, banking) have different rules. Remote workers (teletrabalho) may have different working time rules under CLT Art. 75-A.
Min rest: 11 consecutive hours minimum between working periods (intervalo interjornada). Mandatory intra-day break: 1–2 hours for shifts over 6 hours (intervalo intrajornada — CLT Art. 71). Weekly paid rest of 24 hours (descanso semanal remunerado — DSR), preferably on Sunday. At least 9 national public holidays per year.
Overtime: Overtime (hora extra) must be compensated at least 50% above the normal hourly rate (CLT Art. 59). Weekend/holiday overtime: 100% premium (or as set by collective agreement). Banco de horas (time bank): overtime can be compensated with compensatory leave within the same period under a collective agreement. Maximum 2 hours overtime per day (extraordinary circumstances allow more with CBA approval).
Vacation
After 12 months of service (período aquisitivo), employees are entitled to 30 calendar days paid vacation (férias). Vacation pay: salary + constitutional 1/3 bonus (abono constitucional — 33.3%). Vacation can be split into up to 3 periods (post-2017 reform) with at least one period of 14+ days. Employees can sell up to 1/3 of their vacation days for cash (abono pecuniário). If vacation is not taken within 12 months of accrual (período concessivo), the employer must pay double (férias em dobro).
Anti-discrimination
Brazil's Federal Constitution (Art. 5, 7 XXXII) and Lei 9.029/1995 prohibit discrimination in employment on grounds of sex, race, colour, marital status, family status, disability, pregnancy, and rehabilitation. Racial discrimination: also covered by Lei 7.716/1989 (crime inafiançável). The Lei 14.611/2023 (pay equity law) requires employers with 100+ employees to report pay by gender and race, with penalties for unjustified disparities. Complaints: Ministério do Trabalho e Emprego (MTE) or TRT. Criminal complaints: Ministério Público do Trabalho (MPT).
Contract red flags
- !PJ contractor arrangement while working like a subordinate CLT employee (same hours, tools, reporting line) — risk of vínculo empregatício recognition by TRT and substantial back-payment liability.
- !Salary partly paid off the books (pagamento por fora) — reduces FGTS, INSS, and 13th salary entitlements; creates tax risk for both parties.
- !No FGTS registration or INSS collection for a CLT role — employer failure is an MTE offence; verify your FGTS balance at caixa.gov.br/trabalhador.
- !Non-compete clause (cláusula de não-concorrência) with broad restrictions and no compensation for the restriction period — courts may refuse to enforce without adequate compensation.
- !Salary below the national minimum wage — BRL 1,621/month from 1 January 2026 (Decreto 12.797/2025); sector collective agreements typically set higher floors.
- !Contract omitting the 13th salary (décimo terceiro salário) obligation — mandatory under Constitution and Lei 4.090/1962; paid half in November, half by December 20 each year.
- !Contrato de experiência (trial contract) exceeding 90 days or renewed more than once — CLT Art. 445 limits total trial to 90 days; excess converts to indefinite contract automatically.
- !Visa sponsorship promised verbally only — work authorisation (CTPS and MTE registration) must be formalised before starting work for foreigners.
- !Contract that describes termination without any FGTS consequences — FGTS + 40% penalty is always owed on employer-initiated termination without just cause; waivers are void.
- !No written employment contract or Carteira de Trabalho entry — employer failure to register the work relationship is a CLT violation; request CT-e digital registration from day 1.
Employment Rights
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