Employer of Record in Brazil

Guide to Hiring Employees in Brazil

Your guide to hiring employees in Brazil, covering the employment landscape, employer of record responsibilities, working customs, and local labor laws.

Hiring Employees In Brazil
Employer Of Record In Brazil

Capital City

Brasília

Currency

Brazilian Real

 (

R$

)

Timezone

GMT -3

Payroll Frequency

monthly or bi-monthly

Tax Year

1 January - 31 December

Employer Tax

7.50% - 14.00%

Languages

Portuguese

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How to Hire Employees In Brazil

Hiring in Brazil for the first time can be overwhelming, especially when navigating unfamiliar employment laws.  Whether you hire independent contractors, set up a legal entity, or use an EOR service, understanding the local employment landscape is crucial for success.  Playroll’s comprehensive guide can help you get started if you're hiring locally or relocating a team member.

Companies can hire employees in Brazil in the following three ways:

  • Setting up a local entity. Entity establishment reduces risk exposure and enables direct hiring, but can be costly and time-consuming – making it less practical for companies seeking quick and flexible solutions for hiring in Brazil.
  • Partnering with an Employer Of Record. An EOR, like Playroll, is a third-party entity that serves as the legal employer of your international workforce which hires, pays, and manages compliance with Brazil’s labor laws and tax regulations.
  • Hiring independent contractors. Hiring contractors gives companies a flexible, affordable alternative to hiring local employees, though it involves unique misclassification risks.

Good To Know

Brazil, a global leader in mining, agriculture, manufacturing, and services, boasts the largest economy in Latin America and ranks ninth worldwide.

As a founding member of MERCOSUR and a part of BRICS, it enjoys strong regional ties and access to emerging markets.

With a skilled workforce in fields like IT and marketing and cost-effective labor, Brazil offers attractive options for international hiring.

Its robust infrastructure and widespread internet connectivity further facilitate efficient networking and communication, making it an appealing destination for businesses.

Employment and Labor Laws in Brazil

Businesses can only operate smoothly in Brazil if they comply with local labor laws including drafting compliant employment contract agreements and meeting taxation and payroll obligations. Learn more about the employment laws and regulations in Brazil below, to avoid any compliance issues.

Employment Contract Requirements

In Brazil, verbal agreements are legally valid, but it is recommended to have written employment contracts. These contracts are generally indefinite, with the option for fixed-term contracts of up to two years in certain situations. They must be in Portuguese and use the local currency, covering essential employment terms such as:

  • Identification of both parties
  • Workplace, working hours, and overtime
  • Starting date (and duration for temporary contracts)
  • Job description, duties, and responsibilities
  • Basic wage (including compensation or benefits)
  • Total number of holidays
  • Notice periods for employment termination
  • Probation period
  • Company policies
  • Travel and transfer options
  • Reference to collective bargaining agreements

Onboarding Process

We can help you get a new employee started in Brazil quickly, with a minimum onboarding time of just 1-2 working days. The timeline starts once the employee submits all required information onto the Playroll platform and completes any necessary local authority registrations. For non-nationals, the Right to Work assessment (if applicable) may add up to three extra days. Additional time may be needed for follow-ups on this assessment. Please note, payroll cut-off dates can impact the actual start date. Playroll's payroll cut-off date is the 10th of each month unless otherwise specified.

Working Hours in Brazil

In Brazil, the typical work schedule involves 44 hours per week, distributed over 8 hours per day. However, the maximum weekly and daily hours can vary from this standard, as stipulated in the employment contract or collective bargaining agreements.

Overtime in Brazil

Overtime, exceeding the standard 8 hours a day in Brazil, is compensated at 50% of the regular hourly wage, with potential increases based on collective bargaining agreements. For Sundays or holidays, the extra payment is 100%. Exemptions from overtime apply to roles such as trust, managerial, executive positions, and remote workers.

Working Hours in Brazil

Brazilian labor laws establish a standard workweek of 44 hours, typically divided into 8-hour workdays. Overtime is allowed but is limited to a maximum of 2 additional hours per day, with compensation set at a minimum of 50% above the regular hourly wage. For work performed on holidays and weekends, overtime pay increases to 100% above the standard rate.

Certain industries, such as banking and telemarketing, have shorter daily work limits, while managerial employees may be exempt from standard working hour restrictions. Employees are entitled to rest periods, including a mandatory 60-minute meal break for shifts exceeding 6 hours and a minimum of 11 consecutive hours of rest between workdays. Night shifts, defined as work performed between 10:00 PM and 5:00 AM, must be compensated with an additional 20% wage increase. Employers who fail to comply with these regulations may face legal penalties, including fines and labor sanctions.

Minimum Wage in Brazil

The minimum wage for employees in Brazil is typically R$7.97 per hour, amounting to R$1,518.00 per month for a typical 44 hour work week.

As of January 1, 2025, Brazil's minimum wage has been set at R$1,518.00 per month, reflecting a 7.5% increase from the previous year. This adjustment aligns with inflation and economic growth, ensuring a real wage increase for workers. Employers must comply with federal and state-specific wage laws, as some regions, like Rio Grande do Sul, have set higher minimums. Additionally, part-time employees receive proportional pay, while interns and trainees may be subject to different wage structures under specific legal conditions.

Understanding Brazil’s minimum wage regulations is essential for employers to maintain compliance and uphold fair labor practices. The government reviews and adjusts the minimum wage annually based on economic indicators such as inflation and GDP growth. Employers should also be aware of industry-specific variations and how wage policies impact expatriates. Ensuring compliance with these laws helps businesses avoid penalties and supports fair compensation for workers across different employment categories.

Employer of Record in Brazil

An Employer of Record (EOR) acts as the legal employer for workers in Brazil, taking on key responsibilities to ensure compliance with local labor laws and regulations. The EOR facilitates the hiring process for businesses that want to employ workers without establishing a legal entity in the country.

The employer of record in Brazil is responsible for:

  • Employment Compliance: Ensure all employment contracts comply with Brazil's labor laws and regulations, including proper classification of employees.
  • Payroll Management: Calculate, process, and distribute employee salaries in accordance with Brazil's payroll laws, including deductions for taxes and social security contributions.
  • Tax Filing and Contributions: Handle the registration, filing, and payment of employer taxes and social security contributions to the relevant authorities.
  • Employment Contracts: Draft and maintain compliant employment agreements, detailing salary, benefits, working hours, and termination terms in line with Brazil's legal requirements.
  • Benefits Administration: Provide mandatory employee benefits as required by Brazil's labor laws, such as health insurance, pension contributions, and statutory leave.
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Payroll Management in Brazil

Fiscal Year in Brazil

1 January - 31 December is the 12-month accounting period that businesses in Brazil use for financial and tax reporting purposes.

Payroll Cycle in Brazil

The payroll cycle in Brazil is usually monthly or bi-monthly, with employees being paid on the 5th and 20th of the month.

Minimum Wage in Brazil

The minimum wage for employees in Brazil is typically 6.42 BRL per hour, amounting to ~1,412 BRL per month for a typical 44 hour work week.

Bonus Payments in Brazil

Workers with a year of service are eligible for a full 13-month salary, typically disbursed at the year's conclusion. This payment occurs in two parts: in November (free from INSS deductions or withheld taxes) and in December (with INSS contributions and tax withholding applied in the second instalment).

Employment Taxes in Brazil

Employer Tax Contributions

Employer payroll contributions are generally estimated at an additional 7.50% - 14.00% on top of the employee salary in Brazil.

Tax TypeTax Rate
Social Security (INSS)(comprising 20% to INSS and approximately 8.8% to other social taxes)28.8%
Work Accident Insurance (RAT/FAT)2.00%
Employees Severance Indemnity Fund (FGTS)8.00%
Vacation bonus2.78%

Employee Payroll Tax Contributions

In Brazil , the typical estimation for employee payroll contributions cost is around 7.50% - 14.00%.

Tax TypeTax Rate
Social Security contribution of up to 1,412.00 BRL7.50%
Social Security contribution between 1,412.01 BRL - 2,667 BRL9.00%
Social Security contribution between 2,667.01 BRL - 4,000 BRL12.00%
Social Security contribution between 4,000 BRL - 7,786 BRL14.00%

Individual Income Tax Contributions

Income tax in Brazil follows a progressive rate structure, with additional factors such as marital status and income level influencing the overall tax rates.

Income BracketTax Rate
0 - 2,259.20 BRL0%
2,259.21 BRL - 2,826.65 BRL7.50%
2,826.66 BRL - 3,751.05 BRL15.00%
3,751.06 BRL - 4,664.68 BRL22.50%
4,664.68 BRL And above27.50%

Pension in Brazil

The pension for old-age retirement in Brazil depends on gender and age. Women are eligible at 62 years old with a minimum of 180 months of social security contributions, while men qualify at 65 years old with a minimum of 240 months of contributions. The pension amount is 70% of the employees salary, with an extra 1% for each additional 12 months of contributions, up to a maximum of 100%.

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The tax-related information provided in this guide is intended for general guidance and informational purposes only. Reach out to our dedicated team for insights on remote hiring in Brazil tailored to your needs.

Payroll and Employment Taxes in Brazil

Payroll taxes in Brazil involve key obligations for employers, including Income Tax Withholding (IRRF), Social Security Contributions (INSS), and the Guarantee Fund for Length of Service (FGTS). Employers must adhere to progressive tax rates, deposit deadlines, and statutory requirements to remain compliant, while also ensuring accurate reporting and timely payments to tax authorities.

These taxes fund essential employee benefits such as retirement, disability, and financial security in cases of dismissal or illness. Given the complexity of Brazil’s payroll system, leveraging payroll management software can streamline compliance, simplify calculations, and consolidate payroll data effectively.

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Work Permits & Visas in Brazil

In Brazil, work permits and visas are essential for employers hiring international talent. The key visa types include the VITEM V for temporary assignments, the Permanent Work Visa, the VITEM II for business trips, and the Digital Nomad Visa. Employers must comply with Brazilian labor laws, provide the necessary documentation, and plan ahead to navigate the application process successfully.

Annual Leave & Company Policies In Brazil

Mandatory Leave Entitlement in Brazil

The annual leave entitlement in Brazil is 30 days for a full time worker. These can include public holidays on top of that or within those days, which would otherwise be unpaid.

Public Holidays In Brazil

In Brazil, regional and national holidays are determined by federal, state, and municipal laws. They are not part of the minimum paid leave entitlement but are taken in addition to annual leave. Some holidays are movable and not observed universally across the country. National holidays in Brazil include:

HolidayDate
New Years Day1 January
Good Friday29 March
Martyrs Day21 April
Labor Day1 May
Independence Day7 September
Patrons Day12 October
All Souls Day2 November
Proclamation of the Republic Day15 November
Black Awareness Day20 November
Christmas Day25 December

Paid Time Off in Brazil

After a year of service in Brazil, employees are entitled to at least 30 days of annual paid leave, in addition to public holidays. The leave, calculated as a month's salary plus one-third as a bonus, is paid two business days before it starts. Brazil's Labour Reform allows the leave to be split over three months, with each segment no less than 14 days and the remaining days not less than 5.

Maternity Leave In Brazil

Pregnant employees in Brazil are entitled to 120 days of paid maternity leave, covered at 100% of their average salary by the employer. The government provides reimbursement through tax deductions for the same month. Extension of leave, based on a doctor's recommendation, is also possible, with continued full salary payment by the employer.

Paternity Leave In Brazil

Fathers in Brazil are entitled to 5 days of paid paternity leave, covered at 100% of their average salary by their employer. This leave cannot be extended.

Sick Leave In Brazil

There is no specified maximum duration for sick leave in Brazil. The compensation rates and responsible payers vary based on the length of the sick leave period:

  • 0-15 days: paid at 100% of the salary by the employer
  • 15 days onwards: calculation is based on prior contributions (capped at BRL 7,507.49) by the Social Security Agency (INSS)

Parental Leave In Brazil

There is no additional or separate parental leave policy beyond maternity and paternity leave in Brazil.

Bereavement Leave

Employees may take up to 2 consecutive days of paid leave in the event of the death of a family member.

Care Leave

Employees receive 30 days of annual paid leave to attend to the urgent needs of a family member below 12 years old and 15 days for an older family member.

Annual Leave and Company Policies In Brazil

In Brazil, employees are entitled to 30 days of paid annual leave after completing 12 months of continuous employment. This leave can be split into up to three periods, with one lasting at least 14 days and the others at least 5 days each, subject to employer approval. Additionally, employees receive a vacation bonus equivalent to one-third of their regular salary. Public holidays are separate from annual leave entitlements, and Brazil observes nine national public holidays annually.

Employers must also comply with mandatory leave policies, including sick leave, maternity and paternity leave, and marriage leave. Sick leave is covered by the employer for the first 15 days, after which the National Social Security Institute (INSS) assumes payment. Maternity leave lasts for 120 days, with an optional 60-day extension under the Empresa Cidadã program, while paternity leave is 5 days, extendable by 15 days under the same program. Employers should maintain accurate records, stay informed of labor laws, and ensure clear communication with employees to promote compliance and a positive work environment.

Employee Benefits in Brazil

In Brazil, mandatory benefits such as the 13th salary, paid vacation, social security (INSS), and FGTS provide essential financial security to employees. Employers must also comply with occupational safety and leave regulations. Meanwhile, supplemental benefits like private health insurance, meal vouchers, and gym memberships help companies attract and retain top talent. Understanding and implementing these benefits ensures compliance with Brazilian labor laws while fostering employee well-being.

Termination and Severance Policies in Brazil

Brazil’s labor laws provide comprehensive protections for employees during termination, requiring employers to follow strict legal procedures. Employment can be terminated either with or without cause, with termination without cause requiring employers to provide prior notice or pay in lieu, along with severance payments. Employees dismissed with cause for serious misconduct lose most severance entitlements. Additionally, certain categories of employees, such as pregnant workers and those recovering from work-related injuries, have legal protections against dismissal.

The termination process in Brazil includes providing written notice, settling final payments, conducting a mandatory medical examination, and issuing necessary termination documents such as the termination letter, employment contract termination form (TRCT), and FGTS withdrawal forms. Employees terminated without cause are entitled to severance pay, which includes the balance of their FGTS and an additional 40% penalty paid by the employer. Proper compliance with these regulations ensures that employers meet their legal obligations while minimizing the risk of disputes or legal claims.

Employment Termination and Severance Policies in Brazil

Termination Process in Brazil

In Brazil, termination at-will is permitted with exceptions for specific employees (e.g., pregnant individuals, those injured at work, or elected presidents of the internal commission for accident prevention). Acceptable termination scenarios include:

  • Mutual agreement
  • Voluntary resignation by the employee
  • Unilateral termination by the employer with valid reasons (such as gross misconduct, substance abuse, breach of trade secrets, or disciplinary dismissal)
  • Conclusion of the employment contract due to expiration.

Notice Period in Brazil

Notice periods in Brazil are typically stipulated in employment contracts or collective agreements, with a standard provision of 30 days. However, the specific duration may vary based on the grounds for termination and the employee's tenure with the company:

  • Termination by mutual consent: 15 days
  • 1 year of service: 30 days notice
  • More than 1 year of service: 30 days notice + 3 days for each year of service (maximum of 60 days)

Severance in Brazil

Employees terminated without cause in Brazil receive entitlements such as the balance salary, payouts for unused holidays, proportional 13th salary, and 40% of their Fundo de Garantia do Tempo de Serviço (FGTS) contributions. Conversely, termination with cause grants them nearly the same benefits, excluding the additional FGTS payment.

Disclaimer

THIS CONTENT IS FOR INFORMATIONAL PURPOSES ONLY AND DOES NOT CONSTITUTE LEGAL OR TAX ADVICE. You should always consult with and rely on your own legal and/or tax advisor(s). Playroll does not provide legal or tax advice. The information is general and not tailored to a specific company or workforce and does not reflect Playroll’s product delivery in any given jurisdiction. Playroll makes no representations or warranties concerning the accuracy, completeness, or timeliness of this information and shall have no liability arising out of or in connection with it, including any loss caused by use of, or reliance on, the information.

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ABOUT THE AUTHOR

Jesse Weisz

Jesse is an experienced R&D Analyst at Playroll, a leading Employer of Record (EOR) provider. With a strong background in data analysis and market research, Jesse specializes in identifying emerging trends and driving innovation in global HR solutions. She is an all-rounder, critical thinker and success-seeker (often inextricably linked to being a late-night tea drinker).

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FAQS

FAQs About Hiring In Brazil

Questions and Answers

What are the standard employment terms in Brazil?

Standard employment terms in Brazil include working hours, leave entitlements, and conditions outlined in employment contracts, governed by labor laws.

Is there a minimum wage requirement for employees in Brazil?

Brazil has a national minimum wage, ensuring employees receive a baseline level of compensation set by the government.

Are there specific regulations for hiring foreign workers?

Hiring foreign workers in Brazil involves obtaining work permits, and employers must comply with immigration regulations and labor laws.

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