Brazil Labor Law Guide 🇧🇷
Employees are entitled to 30 calendar days of paid annual leave after 12 months of service, with variations based on absences during the year.
Brazil Labor Law Guide
Employees are entitled to 30 calendar days of paid annual leave after 12 months of service, with variations based on absences during the year.
Primary Legislation
CLT (Consolidação das Leis do Trabalho)
Secondary Legislation
CLT (Consolidação das Leis do Trabalho)
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Essential compliance data regarding minimum entitlement and standard work hours in Brazil.
Ref: CLT Art. 129-145Employees are entitled to 30 calendar days of paid annual leave after 12 months of service, with variations based on absences during the year.
Accrual
Accrues after 12 months of service. Leave must be granted within the following 12 months. Can be split into up to 3 periods (one must be at least 14 days).
Carry Over
Leave must be taken within 12 months of accrual. Unused leave is forfeited or paid out at double rate if employer fails to grant it.
Standard Week
44 hours
Max Weekly
44 hours
Max Daily
8 hours
Rest Period
11 consecutive hours between shifts, minimum 24 consecutive hours weekly rest (preferably Sunday).
Employment Contract & Termination
Notice Period
30 days for employees with up to 1 year service. 90 days for indefinite contracts under Law 12.506/2011. Employer-initiated termination requires advance notice or payment in lieu.
CLT Art. 487 & Law 12.506/2011Probation Period
Maximum 90 days (can be split into two 45-day periods). Employee has reduced protections during probation but retains core rights.
CLT Art. 445Core Labor Obligations
Operational rules regarding leave requests, sick pay, and public holiday work that every HR manager must know.
Ref: CLT Art. 129-145Leave Requests
Employer must notify employee of leave period at least 30 days in advance. Employee can request specific dates, subject to employer approval.
Sick Pay
Employer pays full salary for first 15 days. After that, INSS (Social Security) covers sick pay if employee qualifies.
Holiday Work
Work on federal holidays requires 100% premium pay or compensatory time off. Specific rules may apply per collective agreements.
Part-Time Calculation
Pro-rata calculation based on hours worked, ensuring equal treatment for part-time employees.
Parental & Family Leave
Maternity Leave
120 days standard (4 months), extendable to 180 days (6 months) for companies in the Empresa Cidadã program. Paid at 100% salary by INSS, with employer reimbursement.
Constitution Art. 7 & Law 11.770/2008Paternity/Partner Leave
5 days standard, extendable to 20 days for companies in the Empresa Cidadã program. Paid at 100% salary.
Constitution Art. 7 & Law 11.770/2008Sick Pay & Compensation
Sick Pay
Employer pays full salary for first 15 days. From day 16 onwards, INSS pays sick benefit if employee qualifies (requires medical certificate and contribution history).
Source: CLT Art. 476 & Law 8.213/91Specific Laws & Regulations
Unique regulations and legal concepts that distinguish the Brazil labor market from others.
FGTS - Severance Fund
Employers must deposit 8% of monthly salary into FGTS (Fundo de Garantia do Tempo de Serviço). Accessible upon termination, retirement, or specific circumstances like home purchase.
13th Salary (Décimo Terceiro)
Mandatory annual bonus equivalent to one month's salary, paid in two installments (November and December). Calculated pro-rata for employees with less than one year service.
Vacation Bonus (Terço Constitucional)
Employees receive their regular salary plus 1/3 additional bonus when taking annual leave. Guaranteed by Constitution Article 7, XVII.
Night Work Premium
Work between 10 PM and 5 AM requires minimum 20% premium pay. Night hour is considered 52 minutes 30 seconds (not 60 minutes) for calculation purposes.
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Frequently Asked Questions
Are employees compensated if a public holiday falls on a weekend?
Generally no, unless specified by collective bargaining agreement. The holiday is not substituted to another day.
What happens if an employee falls ill during annual leave?
If the employee provides a medical certificate, sick days can be excluded from vacation count, extending the leave period accordingly.
How is the 13th salary calculated?
It equals 1/12 of annual salary per month worked. Paid in two installments: first half between February-November, second half by December 20th.
Can vacation be sold?
Yes, employees can convert up to 1/3 of their 30-day vacation entitlement to cash (vacation sale/abono pecuniário), receiving payment instead of time off.
Looking for the holiday calendar?
View the official Brazil public holiday list for 2025.
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Disclaimer: This information is provided for general guidance only and does not constitute legal advice. Always consult official government sources and legal counsel for compliance matters.
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