BRAZIL Law and Practice Contributed by: Ricardo Barretto Ferreira da Silva and Camila Sabino Del Sasso, Azevedo Sette Advogados
er’s specific needs, such as increase in sea - sonal demand or the temporary replacement of employees. Intermittent contracts are char - acterised by their variable duration, consisting of the interruption and resumption of work, with proportional payment for the days worked. It is important to highlight that the CLT establish - es specific rules for each type of contract, includ - ing duties and rights of the parties involved, ter - mination conditions, and other aspects related to the employment relationship. 4.3 Working Time The CLT establishes that the normal working time applicable to salaried employees cannot exceed eight hours per day and 44 hours per week. Overtime is permitted with a maximum limit of two hours per day, provided there is an agreement between employer and employee or a collective bargaining agreement. Overtime must be remunerated with a minimum additional amount of 50% over the normal work - ing hour or can be compensated in the form of time off through compensatory time ( banco de horas ), provided there is an agreement between employer and employee in this regard. 4.4 Termination of Employment Contracts In general, dismissals may occur at any time with paid prior notice of 30 days, plus three days per year of employment with the employer (up to a total of 90 days). This situation is valid for dismissals without a cause and, in this case, the employee will be entitled to receive a sev - erance payment, comprising salary balance, proportional Christmas bonus, indemnification for undertaken holidays, proportional vacation bonus, 40% fine of the total “FGTS” deposits,
and compliance with any relevant conditions of a collective bargaining agreement. Employees who are entitled to job security (eg, pregnant women) may only be dismissed for cause. A dismissal for cause may occur in the following situations: • improper conduct/bad behaviour; • dishonesty, theft, robbery, fraud or forgery; • unauthorised trading for personal benefit or on behalf of a third party that competes with or harms the employer; • an unappealable criminal conviction; • negligence in performing duties; • habitual or on-duty inebriation; and • breach of company confidentiality/secrets. 4.5 Employee Representations In Brazil, employee representation is primarily organised through trade unions (Sindicatos), which automatically represent workers based on their job category and location. Trade union rep - resentation in Brazil is a way for workers organi - sations to protect their collective and individual interests in relation to labour conditions, salary, and labour rights. Employers are required to negotiate with trade unions during collective bargaining and in mat - ters involving labour agreements. Although employee representation is not mandatory, spe - cific rules apply in certain contexts. According to Article 510-A of the CLT, compa - nies with more than 200 employees may elect workplace employee representatives to facilitate communication with management, help resolve workplace issues, ensure fair and impartial treat - ment of employees, and monitor compliance with labour and social security laws and col - lective bargaining agreements. This structure is
69
CHAMBERS.COM
Powered by FlippingBook