Brazil’s employment laws favor employees, and it is common to face litigation from former employees after termination. Therefore, Brazil employment compliance hinges on a strong employment contract and a thorough understanding of the country’s laws regarding hiring and recruiting.

Recruiting in Brazil

In Brazil, recruiting talented workers involves knowing how to reach them. You may want to reevaluate your typical hiring procedure as you begin recruiting in the country.

Social media is an increasingly popular channel for companies in Brazil that wish to recruit active and passive candidates who are already employed but are open to a new job. Social media platforms can be used to reach out to potential hires directly and build employer brand awareness.

There are also recruiting agencies available to help. However, recruiting and headhunting services normally come with steep fees.

During the recruitment process, it’s standard for employers to request proof of the candidate’s education and conduct a background check to verify the potential hire’s identity and professional history. These parts of the screening process are common and acceptable in Brazil. That said, you cannot run a criminal background check unless it is objectively relevant and proportionate to the job. Blanket checks or automatic exclusions can create discrimination and privacy risks.

Due to the nuances of recruiting in Brazil, many international companies seek legal advice to ensure compliance throughout the process.

Laws against discrimination in Brazil

Employers cannot discriminate against prospective employees on protected grounds, including:

  • Sex
  • Origin
  • Race
  • Marital status
  • Family situation
  • Disability
  • Age

Avoid making any references to protected categories in job postings. For example, saying that your company is looking for an employee to join your “young and energetic team” could be considered age-based discrimination.

Companies should also avoid asking questions pertaining to the above categories during interviews, such as asking whether the prospective employee is married or has any children.

How to hire employees in Brazil

The native language in Brazil is Portuguese, therefore, if the candidate does not speak English, a translator may be necessary to help during the hiring process. Employment contracts should generally be in Portuguese, or bilingual with the Portuguese version controlling. They should state the agreed gross monthly salary in BRL (Brazilian reais).

The hiring process in Brazil usually takes a significant amount of time to finalize. Salary and benefits must be negotiated, and to do that it is necessary to fully understand the country’s tax, payroll, and employment compliance laws before onboarding any employees.

Brazil employment laws

The maximum ordinary working time is limited to 44 hours per week. Ordinary daily working time is generally limited to 8 hours, with overtime rules applying beyond that. Often, employers standardize working hours at 40 hours a week. Generally, a daily shift is 8 hours, with a 1-hour lunch or meal break that is not included in working time. Ordinary working hours are also generally limited to 44 hours per week, unless a valid collective agreement, employment arrangement, or special category rule applies.

The working hours limitation is set by the Labor Code. Please note that overtime is a major source of litigation in Brazil, so be attentive to the limitation.

Employees also are entitled to vacation, sick, maternity, paternity leave in Brazil:

  • Vacation leave: 30 calendar days of paid annual vacation after 12 months of work. This may be reduced for excessive unjustified absences, and vacation pay typically includes a one-third bonus.
  • Sick leave: 15 consecutive paid days with a medical note. From the 16th day, INSS sickness benefits may apply, subject to approval.
  • Maternity leave: 120 days of paid leave. This may extend to 180 days under the Empresa Cidadã program or employer policy.
  • Paternity leave: 5 calendar days off until the end of 2026. Employees of Citizen Company Program employers may receive 20 calendar days.Gradual increase as of 2027, as follows:
    • 10 days starting January 1, 2027.
    • 15 days starting January 1, 2028.
    • 20 days starting January 1, 2029.
    • Note: The leave period is increased by 1/3 (one-third) in cases involving the birth or adoption of a child or adolescent with a disability.

Onboarding in Brazil

While no specific laws for onboarding are in place, the best way to onboard employees is to outline your company’s expectations early on. Share an itinerary for their first week and review areas such as working hours and any internal rules or policies, including your company’s code of conduct.

If you do not follow Brazil employment compliance laws, please note that litigation costs can be high and labor courts often rule in favor of the employee.

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