Remarks: Article 7 of the Consolidation of Labour Law states that it shall not apply - unless said expressely otherwise in a specific legislation - to domestic workers, rural workers - more specifically those working directly with agriculture and livestock - public servants, or any other person working within a public administration institution.
SOURCES
Name of Act
Act No. 5.859 on domestic workers, of 11 December 1972, as amended up to Act No. 11.324 of 2006
Constitution of Federative Republic of Brazil, (Constituição da Republica Federativa do Brasil de 1988), of 1977, as amended up to constitutional amendment No. 55 of 20 September 2007
Act No. 605 on weekly rest and wage payment on public holidays, (Lei N°605 de 5 de Janeiro de 1949 sobre Repouso Semanal remunerado e pagamento de salário nos dias feriados civis e religiosos), of 5 January 1949; as amended up to Act n° 11.324 of 2006
Remarks: The Code applies to both the public and private sectors. It does not apply unless expressly otherwise stated to: Domestic workers; agricultural workers; staff employed by the Federation, the federal States, municipalities; parastatal enterprises. However, the Code will apply to workers in industrial public enterprises, except those who benefit from a statutory scheme. Codification of Labour Legislation §1-3, 7
An employee is any individual who provides permanent services to an employer, having been by the latter hired.
Codification of Labour Legislation §3
Employer
It is to be considered an employer any company, individual or collective, that, by assuming the risks of an economic activity, hires and provides personal service.
Codification of Labour Legislation §2
Part-time work(er)
Weekly working hours under 25 hours.
Codification of Labour Legislation §58-A
Night work(er)
Work performed between 10 pm. and 5 am.
Codification of Labour Legislation §73.2
Domestic worker
A person providing continuous services to a person or a family in their home for non-profit.
Act No. 5.859 on domestic workers §1
Young worker
A worker between 14 and 18 years of age. A minor under 16 years of age can only work as an apprentice.
Codification of Labour Legislation §402, 403
NORMAL HOURS LIMITS
Daily hours limit
General limit
8 hours
Constitution of Federative Republic of Brazil §7(13) Codification of Labour Legislation §58
Historical data (year indicates year of data collection)
2009: 8 hours
2007: 8 hours
Exceptions
The 8 hour limit can be exceeded by an agreement between employer and employee or by collective agreement. It can also be exceeded if the work cannot be postponed or is necessary to prevent serious damage.
Constitution of Federative Republic of Brazil §7(13) Codification of Labour Legislation §59, 61
Special categories
» Night work
7 hours (1 hour of night work is the equivalent of 52 minutes and 30 seconds of day work)
Codification of Labour Legislation §73.1, 381.2
» Young workers
The general limit can be exceeded no longer than 2 hours; In emergency cases no longer than up to 12 hours a day (these hours will be paid 25% more ).
Codification of Labour Legislation §413(II)(II)
» Agricultural workers
The 8 hour limit does not apply to agricultural workers.
Codification of Labour Legislation §7(b)
» Domestic work
The 8 hour limit does not apply to domestic workers.
Codification of Labour Legislation §7(a)
Weekly hours limit
General limit
44 hours
Constitution of Federative Republic of Brazil §7(13)
Historical data (year indicates year of data collection)
2009: 44 hours
2007: 44 hours
1995: 44 hours.
Exceptions
In case that work has to be interrupted due to accidents or force majeure, working time may be extended by two hours during the days required to make up the lost time, but not exceeding ten (10) hours per day, and not exceeding 45 (forty-five) days per year. Such work is subject to prior authorization of the competent authority.
A collective agreement may provide that normal working hours are exceeded on one day and decreased on another day, provided that the normal weekly working time is averaged over a year, and working time on any day does not exceed 10 hours.
Codification of Labour Legislation §59 (2), 61(3)
Special categories
» Young workers
No more than 48 hours per week.
Codification of Labour Legislation §413(II)
» Domestic work
No weekly limit for domestic workers applicable.
Codification of Labour Legislation §7(a)
OVERTIME WORK
Limits on overtime hours
General limits
2 hours per day.
Codification of Labour Legislation §59
Historical data (year indicates year of data collection)
2007: 2 hours
1995: 2 hours per day over 45 days a year.
Compensation for overtime work
Overtime rate(s)
50% increase
Constitution of Federative Republic of Brazil §7 para. 16
Historical data (year indicates year of data collection)
2009: 50% increase
2007: 50% increase
1995: 50% premium during working days, 100% during public holidays and on weekly rest days.
Compensatory rest
It can be agreed between the employer and the employee or by collective agreement that the exceeded hours will be reduced on another working day (compensatory time off).
Codification of Labour Legislation §59(2)
Special categories
Domestic work
Overtime is not regulated for domestic workers.
Codification of Labour Legislation §7(a)
Part-time work
Part-time workers are not allowed to work overtime
Codification of Labour Legislation §59(4)
REST PERIODS
Rest breaks
General provisions
When the working day exceeds 6 hours, rest periods of at least 1 hour and at most 2 hours except otherwise stated by collective agreement. For a working day of between 4 and 6 hours, a rest break of at least 15 minutes shall be provided.
Codification of Labour Legislation §71(1)
Historical data (year indicates year of data collection)
2009: When the working day exceeds 6 hours, rest periods of at least 1 hour and at most 2 hours except otherwise stated by collective agreement.
For a working day of between 4 and 6 hours, a rest break of at least 15 minutes shall be provided.
2007: One working day and another shall be separated by an uninterrupted period of at least 11 hours.
1995: In any period exceeding 6 continuous hours, a break for meals and rest of at least 1 hour, but not more than 2 hours. In periods not exceeding 6 hours, 15-minute break after 4 hours.
Exceptions
Under certain conditions, the minimum one hour rest break can be reduced by the supervising authority. When the employer does not grant the rest break, he will have to pay monetary compensation with a premium of at least 50 percent of the normal wage for the corresponding period.
Codification of Labour Legislation §71(3)(4)
Special categories
» Domestic work
Rest breaks are not regulated for domestic workers.
Codification of Labour Legislation §7(a-e)
Daily rest periods
Duration
Between two working days employees are entitled to 11 consecutive hours of daily rest period
Codification of Labour Legislation Art. 66
Historical data (year indicates year of data collection)
2009: After 6 hours of consecutive work, employees are entitled to at least one hour rest, which may not exceed 2 hours.
After two working days, a rest break of at least 11 consecutive hours.
2007: Rest breaks are not included in the calculation of working time.
2007: Work should be interrupted by a meal-time break of 1 to 3 hours.
2007: For a working day of between 4 and 6 hours, a rest break of at least 15 minutes shall be provided.
2007: When the working day exceeds 6 hours, rest periods of at least 1 hour and at most 2 hours except otherwise stated by collective agreement.
One working day and another shall be separated by an uninterrupted period of at least 11 hours.
1995: 11 hours.
Special categories
» Domestic work
Daily rest periods are not regulated for domestic workers.
Codification of Labour Legislation §7(a)
Weekly rest periods
Duration
» General
Workers shall be entitled to a weekly rest period of at least 24 consecutive hours, that as a general rule shall coincide fully or partly with Sunday.
Codification of Labour Legislation §67 Act No. 605 on weekly rest and wage payment on public holidays §1
Historical data (year indicates year of data collection)
2009: Workers shall be entitled to a weekly rest period of at least 24 consecutive hours, that as a general rule shall coincide fully or partly with Sunday.
1995: 24 consecutive hours.
Day specified
» General
Sunday
Codification of Labour Legislation §67 Act No. 605 on weekly rest and wage payment on public holidays §1
» Exceptions
Workers can work on Sundays for reasons of public convenience or unavoidable service requirements, but it has to be organized every month in such a way that employees are assigned to Sunday work in a rotative manner.
Work on a Sunday requires prior authorization by the Ministry of Labour, Industry and Trade.
A schedule must be drawn up in advance for workers who work on Sundays, to ensure at least one Sunday off during a maximum period of seven weeks.
Codification of Labour Legislation §67, 68
Work on weekly rest day
» Criteria
Work on weekly rest days is prohibited.
Codification of Labour Legislation §70
Special categories
» Domestic workers
Right to paid weekly rest, preferably on Sunday.
Constitution of Federative Republic of Brazil §7(XV) and sole paragraph
ANNUAL LEAVE AND PUBLIC HOLIDAYS
ANNUAL LEAVE
All workers have the right to paid annual leave.
Codification of Labour Legislation §129
Qualifying period
After 12 months of work.
Codification of Labour Legislation §130
Duration
» General
The length of annual leave depends on the number of days of absence from work: 30 days when the worker was absent no more than 5 days; 24 days when the worker was absent between 6 and 14 days; 18 days when the worker was absent between 15 and 23 dayz; 12 days when the worker was absent between 24 and 32 days.
Codification of Labour Legislation §130(I)-(IV)
Historical data (year indicates year of data collection)
1995: System of gradual paid annual leave, depending on days absent from work, starting with 12 calendar days of leave for 24-32 days of absence per year.
» Exceptions
One-third of the annual leave may be replaced by a payment, except for part-time workers.
Codification of Labour Legislation §143
Payment
» Amount
The worker shall receive the same amount of his/her wage during his/her leave.
Codification of Labour Legislation §142
» Date of payment
The payment of the leave shall be done at the latest 2 days before the beggining of the period mentioned.
Codification of Labour Legislation §145
Schedule and splitting
The employer may decide to grant the employees a collective annual leave, which may be divided into two periods, none of which consists of less than 10 days.
Codification of Labour Legislation §139(1)
Special categories
» Domestic work
30 days after 12 months of service, remunerated by an additional 1/3 of the normal salary.
Act No. 5.859 on domestic workers §3
PUBLIC HOLIDAYS
Number and dates
Seven national public holidays. (1 January, 21 April, 1 May, 7 September, 2 November, 15 November, 25 December) One day at the States level, up to four religious public holidays may be granted by the municipalities.
Act No. 662 §1 Act No. 9 093 §2
Payment
Every employee has the rigtht to paid weekly rest period of 24 consecutive hours, preferably sundays and to the limits of the technical demands of the companies, they shall also be paid for civil and religious holidays, according to the local tradition.
Act No. 605 on weekly rest and wage payment on public holidays §1
Work on Public Holidays
» Criteria
Work may not be performed on public holidays (national or religious). Exceptions from this general rule are only possible when authorization is granted by the competent government authority.
Codification of Labour Legislation §68, 70
PART-TIME WORK
General provisions
Part-time work is that which does not exceed 25 Weekly working hours.
Codification of Labour Legislation §58-A
Limits
Overtime work
Part-time workers are not allowed to work overtime.
Codification of Labour Legislation §59(4)
Annual leave
For part-time workers annual leave will be conceeded as it follows:
I. 18 days, for those who work between 22 hours to 25 hours per week. II. 16 days for those who work between 20 hours to 22 hours per week. III. 14 days for those who work between 15 hours to 20 horus per week. IV. 12 days for those who work between 10 hours to 15 hours per week. V. 10 days for those who work between 5 hours to 10 hours per week. VI. 8 days for those who work up to 5 hours per week.
Paragraph one. The employee hired under the part-time regime who has been absent for more then 7 times without given motive during the period he/she could have acquired the right to annual leave shall have it reduced in half.
Codification of Labour Legislation §130A
NIGHT WORK
Criteria for night work
Work performed between 10 pm. and 5 am.
Codification of Labour Legislation §73(2)
Compensation
Night work will be paid a premium of at least 20 per cent of normal wages.
Female workers will always benefit from this extra payment.
Agricultural Workers who perform night work will be paid a premium of at least 25 per cent of normal wages.
Codification of Labour Legislation §73, 381(1) Act No. 5889 on agricultural workers §5
Special categories
Young workers
Night work is prohibited for young workers under 18 years.
Codification of Labour Legislation §404 Act No. 5889 on agricultural workers §8
Domestic work
No information available regarding night work for domestic workers.
INFORMATION & CONSULTATION
Information
Employers are to post the time schedule at the workplace.
Codification of Labour Legislation §74
Results generated on: 28th March 2024 at 10:45:10.
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