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Brazil: Employee rights

Updating authors: Patricia Barboza and Maury Lobo, CGM Advogados

Original authors: Thais Galo and Thiago Teno, Pinheiro Neto Advogados

See the legal services provided by the authors/consultant editors of XpertHR International > Brazil, including any discounts/offers for subscribers.

Summary

  • The Government has introduced measures that are relevant for employers and employees in response to the coronavirus (COVID-19) outbreak. (See Coronavirus - emergency measures)
  • There are various rules for employees' hours of work, including overtime. (See Hours of work)
  • Employees who work four or more hours per day are entitled to a minimum rest break. (See Rest breaks and rest periods)
  • Employees' statutory weekly 24-hour rest period must fall wholly or partly on a Sunday, except where this is not possible for reasons of operational necessity or public convenience. (See Sunday work)
  • There are various rules regarding statutory minimum paid annual leave entitlement for full- and part-time employees. (See Holiday and holiday pay)
  • Pregnant employees and new mothers have various rights. (See Maternity and pregnancy rights)
  • Employees have no statutory entitlement to parental leave. (See Parental and paternity leave)
  • Employees are entitled to other paid leave in certain circumstances. (See Other leave)
  • Part-time employees are entitled to remuneration pro rata to that paid to full-time employees performing a similar function. (See Part-time workers)
  • In general, employees on fixed-term contracts have the same employment law entitlements as employees on open-ended contracts. (See Fixed-term workers)
  • Registered temporary work agencies can employ workers and assign them temporarily to user companies. (See Temporary agency workers)
  • A change in the legal structure or ownership of a company does not affect the employment contracts or acquired rights of its employees. (See Transfers of undertakings)
  • If an employer is declared bankrupt, and its employees have outstanding pay-related claims, these claims have priority over many other claims on the bankruptcy estate. (See Insolvency of employer)
  • There is no general regulation of disciplinary and grievance procedures. (See Disciplinary and grievance procedures)
  • Employees' personal data is protected by general privacy rights. (See Data protection)
  • There is strict liability on corporations for any corrupt or injurious acts performed by their employees, officers, agents or contractors against a government entity or agency or government-owned business. (See Anti-corruption)