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Written Agreements

Although a written contract is not mandatory, in order to get the Work and Social Security Card, an employer must provide employees with a document with a start date of the employment contract, the nature of work, salary, and the form of payment. If the parties intend to execute a fixed-term employment agreement, it is necessary to have a written contract expressly stating the term and the reason.

Oral Agreements

A tacit or oral employment contract is acceptable in Brazil. However, it is strongly recommended that employers execute a written agreement. Fixed term contracts must be made in writing.

Implied Agreements

Certain terms are automatically implied into employment contracts and do not need to be written, including minimum wage, holiday entitlement, and 13th month salary, among others.

In Brazil, the maximum working hours are 8 hours a day and 44 hours a week for daytime workers, with reductions allowed for hazardous jobs and night workers. Daily working hours can be increased to 12 hours per day; however, the weekly limit of 44 hours remains. If an employee works 12 hours per day, he or she is entitled to 36 hours of weekly rest. Employees who work outside the employer’s establishment and those in management positions are not subject to working time limitations.

The definition of remote work has been expanded to include hybrid schedules, provided that the hybrid schedule is explicitly described in the employment contract.

• New Year's Day - January 1
• Carnival - 2 days holiday; dates subject to change every year
• Ash Wednesday - date subject to change every year
• Good Friday – date subject to change every year
• Tiradentes Day - April 21
• Labor Day - May 1
• Corpus Christi - date subject to change every year
• Independence Day - September 7
• Our Lady of Aparecida - October 12
• Civil Servants' Day - October 25
• Public Service Day - October 28
• All Souls' Day - November 2
• Republic Day - November 15
• Christmas Eve (from 2 p.m.) - December 24
• Christmas Day - December 25
• New Year's Eve (from 2 p.m.) - December 31

In Brazil, the first 90 (ninety) days of an employment contract for an indefinite period are considered the trial period, and the employer can dismiss the employee within this period without paying compensation at the end of the period.

Employees who work beyond the probationary period are considered to be under an indefinite contract.

Notice Period

In Brazil, an employer wishing to cancel an employment contract of indefinite duration without just cause must give 30 days' notice or pay in lieu of notice for workers who have been with the company for at least one year. The notice requirement will increase by 3 days for every year of service up to a maximum of 60 days, thus making a total notice period of 90 days for an employee with 20 years of service.

During the notice period, an employee's regular working hours are reduced by 2 hours per day without prejudice to the full salary.

Severance Benefits

Employees in Brazil are entitled to a termination payment (verbas rescisórias) in the event of dismissal. The legal obligations for the employers depend upon the duration of the contract as well as the type of termination. Benefits range from salary balance, prior notice entitlement, prorated salary for 13th month, prorated vacations, and total balance available from the Federal Service Indemnity Fund (FGTS, Fundo de Garantia por Tempo de Serviço) severance fund.

Minimum Wage

The government declares the minimum wage through a decree which determines the minimum hourly, daily, and monthly wages for employees who are not subject to fixed wages based on the federal law or a collective bargaining agreement.

The minimum wage must not be below 30% of the minimum wage fixed for a certain region, zone, or subarea. An employee who is paid an amount lower than the minimum wage set for their area may demand the amount they are entitled to from their employer.

From January 1, 2025, the minimum wage is BRL 1,518.00 (Brazilian reals) per month (BRL 50.60 daily or BRL 6.90 per hour).

Overtime, Holiday & Vacation Pay

Compensation for overtime work must be at least 50% higher than the regular hourly wage for permanent and part-time employees.

Work on Sundays and holidays are considered extraordinary and paid at least double the regular compensation.

The remuneration for annual leave must be paid in advance. In addition to the vacation pay, a bonus is paid as 1/3rd of the remuneration for the duration of the leave.

Visas

Visas in Brazil can be broadly classified into two groups: temporary and temporary residence visas.

Temporary visas include:

• Tourist - applicants must hold a valid return ticket and provide proof of sufficient funds to cover the duration of their stay; this visa does not permit any kind of work activity.
• Cooperation - for entering Brazil for participation in work that is part of an international cooperation program; includes conferences, professional training, as well as athletes, volunteers, and medical tourists.
• Business - similar to a tourist visa and covers business trips

Temporary residence visas allow a longer duration and authorize the visitor to bring in household items. The duration of these visa types depends on the specific activity for which they are issued:

• Performers - for athletes or artists participating in paid events, as well as their support staff
• Student - for students and unpaid student interns
• Work - for people working in Brazil with or without an employment contract, including professional training and internship in Brazilian branches of international companies.
• Journalism - for media professionals.
• Religious - for clergymen and missionaries going to Brazil to undertake missionary or academic work.

Additionally, there are also the following types of visas:

• Permanent - for people moving to Brazil permanently.
• Diplomatic - issued to diplomats and officials from governments or international organizations traveling to Brazil on an official visit.

Work Permits

A temporary visa (VITEM-V) may be given to those who wish to work in Brazil, as long as they have a work permit approved by the Ministry of Labor and Employment. There are multiple eligibility requirements, including working at a legally established Brazilian entity. The visa holder is required to register with the Federal Police within 90 days of the arrival in Brazil and obtain a residence permit.