There are treaties between one country and specific countries that must be considered when foreign staff are relocated. It is therefore important for foreign companies to be informed about country-specific regulations and treaties, in order to correctly manage social insurance matters.
A dedicated social insurance department features specialists who work solely on assisting customers with matters specific to social insurance laws and regulations.
For instance, we assist our clients with registration, benefits application filing, labor disputes, health insurance, pension, and other areas of social insurance in the country.
Whether it is accompanying our customers on a regular basis, or providing one-time consulting services, we have the necessary resources to assist our foreign customers and help the establishment and development of their business in Brazil.
Overview of Labor Law in Brazil
The basic principles of Labor Law in Brazil are as follows.
・ To protect labors priority
・ Invalidity of giving up rights for labors
・ The principle of priority of facts
・ The continuity of employment relationship
Regarding the principle to protect labors, there are some characteristics as follows. Firstly, in the case of some doubts appear related to the application of labor law; the resolution that is favorable for labors will be applied. Secondly, even there are some reviews of old laws or some new laws; the benefit for labors cannot be changed. Thirdly, if the regulations of corporations are different with the labor laws, the favorable regulations for employees will be applied. Fourthly, if the regulations are not clear in the labor law, it will be explained favorably for employees.
The related laws of labor standards are as follows.
・ Consolidacao das Leis do Trabalho
・ Convencao Coletiva/Acordo Coletiva
・ Contrato Individual de Trabalho
・ Regulamento Interno
The orders of the above laws show the hierarchy of regulations. The work time in Brazil is regulated for eight hours and the work time in one week cannot be over than 48 hours. The overtime work is regulated for two hours so that the upper limit of work time for a day is ten hours.
Overview of employment contract in Brazil
According to the Labor Law, the premises of work is to make the work contraction and write the social insurance book (CTPS: Carteira de Trabalho e Previdencia Social). The employment contract is made by labors and employees and it regulates the labors provide services and the employers pay the salaries to labors. In general, the employment contract has no a definite period. In the following cases, the employment contract with a definite period can be made.
・ The work has the nature of definite period
・ The business of corporation is temporary
・ The trail contract
To learn more about our incorporation assistance and a range of services of social insurance in Brazil, send us a message or call us at +81-3-5369-2930.