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Brazil: Employee rights

Original and updating authors: Thais Galo and Thiago Teno, Pinheiro Neto Advogados
Consultant editor: Luiz Guilherme Migliora, Veirano Advogados

Summary

  • 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)
  • Temporary work agencies that are registered with the Ministry of Labour and Employment 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 specific regulation of disciplinary procedures and sanctions against employees in the private sector, except that specified types of indiscipline and misconduct are defined by statute as grounds for summary dismissal of an employee "with cause". (See Disciplinary 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)