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Last updated on: April 3rd, 2025
Labor Requirements
The Brazilian consolidation of labor laws is regulated by the Consolidação das Leis do Trabalho [CLT] 1943 (last amended in 2024 ). The Law governs the terms and conditions of employment such as working hours, holidays and rest periods, wages and other employment conditions.
Hours & Pay Regulations
Normal Working Hours
Normal working hours shall not exceed more than 8 hours per day and 44 hours per week (exclusive of overtime).
The maximum work an employee can do shall not exceed more than 220 hours a month (inclusive of overtime).
Minor time variations in recorded working hours, up to five minutes per instance, are disregarded and do not count as overtime or deductions, provided the total variation does not exceed ten minutes per day.
Working hours may be adjusted through autonomous bargaining or collective agreements. Employers and employees may establish a 12-hour shift followed by 36 hours of rest via an individual or collective agreement, ensuring compliance with or compensation for rest and meal breaks.
In cases of force majeure or unforeseen interruptions, work may be extended by up to 2 hours per day, not exceeding 10 hours daily or 45 days per year, subject to government approval.
Part Time Work –Part-time employment is defined by a contractual working time of either a maximum of 30 hours per week with no additional hours or 26 hours per week with the possibility of up to 6 extra hours. Compensation for part-time employees must be proportionate to that of full-time employees performing the same duties.
Any hours worked beyond the agreed contractual limit must be compensated at a premium rate of 50% of the employee’s regular hourly wage. For part-time contracts stipulating less than 26 hours per week, any additional hours worked beyond this threshold shall be classified as overtime, subject to a maximum of 6 extra hours per week.
Shift Work- Employees working in continuous rotating shifts shall not work more than six hours per day. Any changes to this duration can only be made through collective bargaining.
Continuous shifts can be implemented in industries that require uninterrupted operations. In these shifts, employees work in constant rotation, resulting in a different schedule each day. These shifts often cover both day and night periods or may alternate between morning, afternoon, and night shifts.
Travel Time – The time spent by the employee from his residence until the effective occupation of the workplace and for his return, walking or by any means of transport, including that provided by the employer, will not be counted in the working day, as it is not time at disposal of the employer. Consolidated Labor Code, Art 58, 58A, 59A, 61, Constitution of Brazil, Art 7.
Recording Requirement
The registration of the respective employees shall be mandatory for the employer, and books, files or electronic systems may be adopted, according to instructions to be issued by the Ministry of Labor. In addition to the civil or professional qualification of each employee, all data related to their admission to employment, duration, and effectiveness of working hours, annual leaves, accidents, and other circumstances that are of interest to the protection of the employee must be recorded.
The employer who does not keep an employee registered will be subject to a fine of BRL 3,000.00 (three thousand reais) per unregistered employee, plus an equal amount for each reoffence.
For establishments with more than 20 employees, it will be mandatory to note the time of entry and exit, in a manual, mechanical or electronic record, according to instructions issued by the Labor Authority, allowing the pre-assignment of the rest period. If the work is carried out outside the establishment, the employees’ hours will appear in the manual, mechanical or electronic record. Consolidated Labor Code, Art 41, 47, 74.
Overtime
Any work performed beyond their normal weekly working hours (i.e. 8 hours per day and 44 hours per week) shall be considered overtime work.
Employees shall not perform more than 2 hours of overtime work per day (i.e.10 hours of total work in a day).
Pay – An employee is entitled to receive a premium pay of at least 50% of their regular rate of pay for each hour of overtime work performed.
Instead of overtime premium pay, an employee is entitled to take compensatory day off for overtime work.
Time Bank – Instead of receiving an overtime pay premium, an employee can offset extra hours worked on one day by reducing their hours on another day, if provided for by the virtue of an agreement or a collective bargaining agreement.
The total weekly working hours must not exceed the standard weekly hours set by the agreement within a maximum period of one year. Additionally, the maximum daily working hours must not exceed ten hours.
The time bank system, which facilitates this hour balancing, can be established through an individual written agreement. Compensation for the extra hours must occur within a maximum period of six months.
In an emergency, additional overtime may be required if a special agreement is registered with the Ministry of Labor and Employment. Consolidated Labor Code, Art 59-60, Constitution of Brazil, Art 7.
Night Work
Night work is defined as work performed between 10.00 pm on one day and 5.00 am. on the following day.
For the calculation of night work, each full hour is considered equivalent to 52 minutes and 30 seconds. As a result, a seven-hour night shift is equivalent to eight hours of daytime work. For mixed shifts that include both day and night hours, the night work provisions apply exclusively to the hours worked during the designated night period.
Pay for Night Work – Employees who work during night hours shall be entitled to a premium of at least 20% of the regular rate of pay for night work.
For companies that do not regularly operate at night due to the nature of their activities, any increase in night work will be calculated based on the amounts paid for similar daytime work. However, for companies where night work is an integral part of their operations, the increase will be determined using the applicable regional minimum rate. In such cases, the night work premium will not apply if the total compensation, including the premium, exceeds this threshold. Consolidated Labor Code, Art 73.
Breaks
An employee whose continuous work shift exceeds six hours is entitled to receive unpaid rest or meal break of at least 1-hour during the day, unless otherwise agreed in writing or through a collective agreement the rest break may not exceed more than 2-hours in a day.
Employees working more than four, but no more than six hours, are entitled to receive 15 minutes of unpaid rest or meal break. Rest breaks do not count as part of the working hours.
Pay– Failure to provide the required rest and meal break, either in full or in part, entitles urban and rural employees to compensation. Employees are entitled to receive a premium pay from their employer of at least 50% of their regular rate of pay for unprovided break time. Consolidated Labor Code, Art 71. Consolidated Labor Code, Art 71.
Daily Rest Periods
An employee is entitled to receive at least 11 hours of rest between the end of a workday and beginning of the next workday. Consolidated Labor Code, Art 66
Weekly Rest Period
Employees are entitled to receive at least 24 consecutive hours of weekly rest period.The weekly rest day shall be Sunday unless required for public necessity or essential operations, the rest period must align either fully or partially, coincide with Sunday.
In services that require work on Sundays, except for theatrical casts, a relay schedule will be established, organized monthly and consisting of a table subject to inspection.
The Municipalities Authority shall establish regulations for Sunday work, ensuring that any rules established must comply with the directives issued by the relevant labor authorities. Consolidated Labor Code, Art 67-69 Law no. 605 of 1949, Art. 8.
Work On Rest Days
Pay for Work on Weekly Rest – An employee who performs work on a weekly rest day shall be entitled to a compensatory day off.
If it is not possible to take compensatory day off in lieu of weekly rest day, and employee will be entitled to receive 100% (double) of their regular rate of pay for work performed on weekly rest day. Consolidated Labor Code, Art 67-69 Law no. 605 of 1949, Art. 8.
Public Holidays
The employee is entitled to paid leave on national and religious holidays. Employees are entitled to 10 national holidays:
- New Year’s Day/ Universal Brotherhood- January 1
- Passion of Christ (date varies)
- Tiradentes – April 21
- Labor Day – May 1
- Independence Day – September 7
- Nossa Senhora Aparecida (Our Lady of Aparecida)– October 12
- All Souls Day – November 2
- Proclamation of the Republic Day (date varies)
- National Zumbi and Black Consciousness Day (date varies)
- Christmas – December 25
Brazil also recognizes the following optional holidays and optional partial holidays:
- Carnival (2 Days)
- Ash Wednesday (optional until 2 pm)
- Corpus Christi (date varies)
- Public Service Day (October 28)
- Christmas Eve (optional holiday after 1 pm)
- New Years Eve (optional holiday after 1 pm)
Depending on where employees work, they also may be entitled to local holidays. General and state elections are also considered public holidays.
Pay – Employees who work during public holidays shall be entitled to a premium of at least 100% (double) of the regular rate unless the employer determines to provide another day off. Federal Law No. 605/1949, art. 9, Ordinance MGI No. 9,783, of December 27, 2024.
Annual Leave
Duration of Annual Leave – Employee is entitled to 30 calendar days of annual leave, but only after they have completed 12 months of work for the employer.
Reduction of Annual Leave due to Unjustified Absence – The main condition that employees must follows to have the right to 30 day-annual leave is to not have more than five unjustified absences in a year. If this happens, the annual leave days are decreased as follows:
- 24 days, if the employee had from 6 to 14 unjustified absences
- 18 days, if the employee had from 15 to 23 unjustified absences
- 12 days, if the employee had from 24 to 32 unjustified absences
- none, if the employee had more than 32 unjustified absences in a year
The granting of annual leave will be communicated, in writing, to the employee, at least 30 days in advance. Annual leave will be granted by act of the employer, in a single period, in the 12 months following the date on which the employee acquired the right. The time when annual leaves are granted will be the one that best suits the employer’s interests. Whenever annual leave is granted after the period referred, the employer will pay double the respective remuneration.
Collective Annual Leave – Annual leave may be granted to all employees of a company or certain establishments or sectors of the company. Annual leave may be taken in 2 annual periods as long as none of them is less than 10 calendar days.
Entitlement of Annual Leave – Annual leave can be divided into up to three periods upon agreement between employer and employee. One of them may not be less than 14 calendar days and the others may not be less than 5 calendar days, each.
Members of a family who work in the same establishment or company will have the right to take annual leaves during the same period, if they so wish and if this does not result in harm to the service.
Pay in Lieu of Annual Leave – Employees have the right to convert one-third (approximately 33%) of their paid annual leave (normally up to 10 days) to pay instead of annual leave
Holiday Pay – The holiday pay is based on the employee’s monthly salary. Employers shall provide one-third of an employee’s monthly salary as a holiday bonus. Employees hired for less than 12 months will, at the opportunity, enjoy proportional annual leaves, starting then a new acquisitive period. Additional payments for overtime, night shift, and unhealthy or dangerous work will be included in the salary that will serve as the basis for calculating annual leave pay.
Annual leave Bonus – For each day’s holiday enjoyed by an employee, they shall receive the standard payment for that day.
Loss of Annual Leave – An employee will lose the right to annual leave if, during the vesting period, any of the following occurs –
- the employee leaves the job and does not return within 60 days
- the employee goes on paid leave for more than 30 days;
- the employee stops working with pay for more than 30 days due to partial or total stoppage of the company’s services. or
- the employee receives Social Security benefits for work accidents or sickness for more than 6 months, even if not continuous.
In such cases, a new vesting period will start when the employee returns to work.
Accrual of Annual Leave – The annual leave must be taken within 12 months after it accrues. Employees who do not take their annual leave and accumulate two periods in a row, the employer would have to pay a double rate for the accumulated leave.
Annual Leave coinciding with Public Holiday or Rest Day – It is forbidden to start the annual leave in two days preceding a public holiday or paid weekly rest day.
Termination of Employment – Upon termination of the employment contract, whatever the reason, the employee will be paid a single or double remuneration, as the case may be, corresponding to the annual leave period to which he has acquired the right. The employee who is dismissed without just cause, or whose employment contract is terminated within a predetermined period, before completing 12 months of service, will be entitled to remuneration related to the incomplete period of annual leave. This pay is calculated based on 1/12 of the vacation pay for each month of service or any fraction of a month exceeding 14 days. Consolidated Labor Code, Art 129-143, 146, 147.
Special Leave
Duration of Maternity Leave: A pregnant employee is entitled to 120 days of paid maternity leave. The mother is given the right to be absent from work starting 28 days before giving birth or leaving the hospital.
The duration of maternity leave before and after childbirth may be increased by 2 weeks upon presentation of a medical certificate.
Notification Requirement – An employee is required to inform their employer about the pregnancy and obtain proof of such examination along with the expected date of delivery of the child.
Miscarriage/ Stillbirths – Mothers who have suffered a miscarriage or have given birth to a stillborn fetus are also entitled to maternity leave, which is 14 days in the case of an abortion.
Maternity Leave for Adoption – An employee who adopts or obtains legal custody to adopt a child or adolescent will be granted paid maternity leave for a period of 120 days.
Maternity leave will only be granted upon presentation of the judicial term of custody to the adopter or guardian. Adoption or joint legal custody will result in the granting of maternity leave to only one of the adopters or guardians employed. For adopting mothers, this period starts counting from the child’s arrival at home.
Transfer of Maternity Leave when Mother Dies – In the event of the mother’s death, the employee’s spouse or partner is entitled to leave for the entire period of maternity leave or for the remaining time to which the mother would be entitled, except in the case of the child’s death or abandonment.
Pay – The payment is made by the employer to the pregnant employee and reimbursed by the National Social Security. An employer can grant an additional 60 days of paid maternity leave and recover that paid amount from tax benefits given by the federal government.
Breastfeeding Break – To breastfeed the child, even if resulting from adoption, until the child reaches 6 months of age, the employee shall be entitled, during the working day, to 2 breaks of 30 minutes each. Consolidated Labor Code, Art 391-400.
Duration of Leave – A male employee is entitled to up to 5 working days of paid paternity leave for the birth of a child or adoption of a child. An employee is entitled to 5 days unpaid leave for employees with less than 1 year of service.
Eligibility Criteria – An employee shall be employed with the same employer for at least one year of continuous service.
Usage of the Leave – The leave must be taken within 14 weeks of the child’s birth. The employee can only be taken once in 12 months after birth.
Pay Benefits – An employee is entitled to full wages by their employer.
Additional Leave – An employer can grant an employee an additional 15 calendar days of paid paternity leave, although the benefit will only be valid for those who work in companies registered in the government program [Empresa Cidadã Program] that grants tax discounts, to recover the paid amount from tax benefits.
Notice Requirement – An employee must apply in writing to the employer at least 4 weeks before the desired start date. The employer must submit a doctor’s certificate verifying pregnancy, due date, and paternity. Act of Transitional Constitutional Provisions, Art. 10, Law No. 13,257 of 2016, Art. 1.
Duration of Sick Leave: An employee is entitled to 15 days of paid sick leave from their employer for illness or injury. In the case of extended sick leave for illness or injury, an employee is entitled to up to 2 years of paid sick leave from Social Security.
Eligibility Criteria for Social Security Benefits– To qualify for sickness benefits under the National Institute of Social Security (INSS), employees must have contributed to the system for at least 12 months. However, exceptions apply in cases of work-related injuries or occupational diseases, where the contribution requirement may be waived.
Sick Leave Pay – An employee is entitled to receive paid leave for the first 15 days of sick leave from their employer at their regular rate of pay.
If the employee remains unable to work beyond this period, an employee will be entitled to paid sick leave from the 16th day (I.E. 91% of their regular rate of pay) by Social Security (INSS).
Notification Requirement – Employees must inform their employer of their need for sick leave as soon as reasonably possible. This notification must be accompanied by a medical certificate detailing the reason for the leave and the anticipated duration of absence. If the leave exceeds 15 days, additional certification is required by the INSS, which may involve further medical assessments. Law 8,213/1991, Art. 25, 43, 60, 61.
An employment agreement may be suspended for a period of two to five months for training program purposes, as long as the training suspension is provided for in the applicable collective bargaining agreement, and the employee expressly consents to it. During the period, the employee is not paid; however, the employer may provide the employee with financial aid. Consolidated Labor Code, Art 476A.
Employees are entitled to paid leave for medical-related purposes in the following cases:
Parental Support: Employees may take the necessary time off to accompany their wife or partner to up to six medical consultations or complementary examinations during pregnancy.
Additionally, they are entitled to one day of paid leave per year to accompany a child up to six years old to a medical appointment.
Preventive Health Care: Employees may take up to three days of paid leave every 12 months for duly proven cancer preventive exams. Consolidated Labor Code, Art 473.
An employee is entitled to receive at least 3 consecutive days of paid leave for their marriage. Consolidated Labor Code, Art 473.
Employees are entitled to two consecutive days of paid leave in the event of the death of a spouse, parent, child, sibling, or dependent. Consolidated Labor Code, Art 473.
Employees are entitled to take 1 day of paid leave every 12 months for voluntary blood donation, provided they give certification as proof of donation. Consolidated Labor Code, Art 473.
Employees are entitled to take 2 days (consecutive or non-consecutive) of paid leave to register as a voter. Consolidated Labor Code, Art 473.
Employees are entitled to take paid leave for the period required to fulfill mandatory military service obligations. Consolidated Labor Code, Art 473.
Employees are entitled to take paid leave on the days they are attending entrance exams for admission to a higher education institution. Consolidated Labor Code, Art 473.
Employees are entitled to paid leave for as long as necessary when appearing in court for judicial proceedings or jury duty. Consolidated Labor Code, Art 473.
Employees representing a trade union entity may take paid leave for as long as necessary when attending an official meeting of an international organization of which Brazil is a member. Consolidated Labor Code, Art 473.
