Brazil
There are no official subcategories of workers in Brazil.
Fixed-term contracts must have a reason that justifies the transitory nature of the contract, and cannot exceed 2 years in total duration, and can only be extended once, not necessarily for an equal period. After extending a fixed-term contract, successive fixed-term contracts are not allowed without observing a 6 month-break period in between.
Probationary periods can last up to 90 days. If hired during a probationary period, the contract converts into an indefinite contract.
Workers recognize 12 national holidays as well as various state holidays. Depending on the industry of employment, businesses may need to get prior authorization from the Ministry of Labor to implement a regular work schedule that includes Sundays and Holidays. Public holidays include: New Year's Day, Labour Day, Independence Day, Corpus Christi, Our Lady of Aparecida, Carnival, All Souls' Day, Republic Day, Black Consciousness Day, Tiradentes' Day, Easter, Christmas Day
After 12 months of service, Workers are entitled to approximately 30 days of paid vacation (dependent upon how many days of leave the Worker has already used) in addition to a vacation bonus equal to one-third of the Worker's monthly salary. Annual leave must be taken within 12 months of its accrual. Workers may use the vacation in three periods, but at least one of those periods needs to be 14 days long, and two must be at least 5 days long.
Workers are entitled to up to paid time off in the event of illness or injury verified by a medical certificate. The first 15 days are paid by the employer at the Workers usual rate. The remaining days are paid by the National Institute of Social Security at a fixed rate.
Normal working hours are 8 hours per day for 5 days and 4 hours in one day, totaling 44 hours per week. Workers working more than four hours but less than six are entitled to a 15-minute break. Those working more than six hours are entitled to a one-hour lunch break. Breaks are paid.
Hours worked in excess of the regular hours for the day must be paid at 150% of the Worker’s regular pay (or double-pay on Sundays and public holidays). More than 10 hours of work per day is prohibited. An overtime premium of an additional 20% a Worker's regular hourly wage is also required for night work performed after 10pm and before 5am.
13th-month salary equal to one month's wages to be paid in two installments in November and December. A vacation bonus is provided to employees with their paid Vacation time equal to 1/3 of the Workers' monthly compensation and is to be paid two days in advance of their time off.
Workers are entitled to 30 days’ notice prior to a dismissal and an additional three days’ notice for every year of service, capped at 90 days. The Worker may be paid in lieu of providing notice. If the termination is with cause as defined by law, Workers are entitled to the balance of their wages, any accrued and unused holiday pay, and a proportional amount of the Thirteenth Month Salary. If the termination is without cause as defined by law, additional compensation is due by which the Worker receives the full balance of their Brazilian Government Severance Indemnity Fund (“FGTS”), consisting of 8% of their gross salary each month of work put aside by the employer, plus an additional penalty payment of 40% of the total FGTS balance, paid by the employer. (The 8% contribution is included within the mark-up rate). Termination by mutual agreement signed by both parties reduces the notice period to 15 days and lowers the FGTS penalty by 20%.
Workers can resign any time without cause, as long as they respect the notice period of 30 days. If the worker does not provide this notice, the employer has the right to deduct the value of the unpaid notice period from the worker's final pay. Workers serving their probationary period may request to be released prior to the 30 days of notice expiration.
If a worker is terminated without cause, the employer must pay the worker severance consisting of the funds that employers put aside monthly for workers on their FGTS. Employers must pay 40% of the balance of the workers' FGTS.
Maternity Leave: Workers who have been employed for more than three months are entitled to 120 days of leave paid bythe employer, which can then be reimbursed by Brazilian Social Security agency (INSS). There is also an optional program, Empresa Cidada, where private companies can give workers an additional 60 days of paid leave financed through tax benefits granted by the federal government. Paternity Leave: 5 days of paid leave are entitled to Fathers paid by the employer at the worker's full salary. The Empresa Cidada optional program applies to fathers as well, but for a shorter extension of 15 days of paid leave which can be paid through tax benefits granted by the federal government. These regulations also apply to Adoptive parents. Breastfeeding Breaks: For the first 6 months after a child is born, both biological and adoptive mothers are entitled to receive 2 paid breastfeeding breaks of 30 minutes each. After 6 months, the employer can decide to combine the 2 breaks and reduce the worker's daily working time by 1 hour per day or provide the worker with an additional 15 days paid leave, which is equivalent to the daily breaks for the time. Marriage Leave: Wokers can receive 3 days of paid time off to get married.
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