Brazil: Employee rights

Updating authors: Patricia Barboza and Maury Lobo, CGM Advogados

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Summary

• There are various rules for employees' hours of work, including overtime. (See Hours of work)
• Employees who work four or more hours per day are entitled to a minimum rest break. (See Rest breaks and rest periods)
• Employees' statutory weekly 24-hour rest period must fall wholly or partly on a Sunday, except where this is not possible for reasons of operational necessity or public convenience. (See Sunday work)
• There are various rules regarding statutory minimum paid annual leave entitlement for full- and part-time employees. (See Holiday and holiday pay)
• Pregnant employees and new mothers have various rights. (See Maternity and pregnancy rights)
• Employees have no statutory entitlement to parental leave. (See Parental and paternity leave)
• Employees are entitled to other paid leave in certain circumstances. (See Other leave)
• Part-time employees are entitled to remuneration pro rata to that paid to full-time employees performing a similar function. (See Part-time workers)
• In general, employees on fixed-term contracts have the same employment law entitlements as employees on open-ended contracts. (See Fixed-term workers)
• Registered temporary work agencies can employ workers and assign them temporarily to user companies. (See Temporary agency workers)
• A change in the legal structure or ownership of a company does not affect the employment contracts or acquired rights of its employees. (See Transfers of undertakings)
• If an employer is declared bankrupt, and its employees have outstanding pay-related claims, these claims have priority over many other claims on the bankruptcy estate. (See Insolvency of employer)
• There is no general regulation of disciplinary and grievance procedures. (See Disciplinary and grievance procedures)
• Employees' personal data is protected by general privacy rights. (See Data protection)
• There is strict liability on corporations for any corrupt or injurious acts performed by their employees, officers, agents or contractors against a government entity or agency or government-owned business. (See Anti-corruption)