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 are generally for 90 days. If hired during a probationary period, the contract converts into an indefinite contract.
Workers recognize 14 national holidays as well as various state holidays. Work is prohibited on all public holidays unless expressly authorized by the Ministry of Labour and Employment. Workers are entitled to a “Christmas Bonus” (otherwise known as “Thirteenth Salary”) equal to the Worker’s December salary.
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 salary. Annual leave must be taken within 10 months of its accrual. No period of leave may be less than 5 days.
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, 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.
Regular hours are considered 8 per day for five days and 4 per day for one day in a single seven-day period. 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. Overtime premium is also required for night work performed after 10pm.
13th-month salary equal to one month's wages to be paid in December. Vacation bonus is provided to employees with their 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. Employers may pay the Worker in lieu of providing notice. If the termination is with cause as defined by law, Workers are entitled to wages, any unused holiday pay, and a proportional amount of the Thirteenth Salary. If the termination is without cause as defined by law, additional compensation is due including a proportional amount of untaken holidays, one-third of the holiday pay, and access to the Worker's Brazilian Government Severance Indemnity Fund ("FGTS")(in which the employer deposits 8% of the Worker's gross salary each month) plus 40% penalty on the balance of the account. (The 8% contribution is included within the mark-up rate).
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