Employment 2025

BRAZIL Law and Practice Contributed by: Caio Medici Madureira, Rodrigo Souza Macedo and Nestor dos Santos Saragiotto, Tortoro, Madureira & Ragazzi Advogados

1.3 Working Hours The maximum permitted working hours are eight hours per day and 44 hours per week. Any hours worked in excess of this will be considered overtime. Flexibility is possible. The normal daily working hours may be increased by up to two hours, subject to individual or collective agreement. These hours may be com - pensated or paid with a minimum increase of 50%. Exceptionally, a working day of 12 consecutive hours may be established, followed by 36 uninterrupted hours of rest. 1.4 Compensation The minimum wage is a constitutionally guaran - teed right for Brazilian workers, with a uniform value throughout the national territory, and is intended to meet basic vital needs such as housing, food, educa - tion, health, leisure, clothing, hygiene, transport and social security. Workers who receive the minimum wage are entitled to receive a 13th-month salary and any bonuses and premiums paid by their employer. The minimum wage is set by the Federal Government and adjusted annually by Presidential Decree, based on the variation in the National Consumer Price Index (INPC), with a variable real increase, in accordance with the New Fiscal Framework and the provisions of Law No 15,077 of 27 December 2024. 1.5 Other Employment Terms Holiday Leave Holidays are due after 12 months of work, without loss of pay and with a maximum duration of 30 days, or less, depending on the number of absences during the accrual period. Remuneration during the holiday period will be one third higher than normal. It is per - mitted to split the holiday into up to three periods, provided that one of them is not less than fifteen con - secutive days and the others are not less than five days. If desired, the employee may convert one third of the holiday period into a cash bonus. The holiday period will be chosen by the employer. Maternity Leave There is mandatory maternity leave, normally 120 days, paid by the official social security system. This right is extended to cases of adoption, in which case the leave period will vary from 120 to 30 days, depending on the age of the adopted child. In cases

of work accidents and incapacitating illnesses, leave is also mandatory. Leave of up to 15 days is paid by the employer, and any period exceeding this limit is paid by the official social security system. With regard to children with disabilities, Brazilian labour legislation does not stipulate compulsory leave. This matter has been the subject of individual and collective negotia - tions, and there are precedents of mothers obtaining judicial authorisation to reduce their working hours in order to care for disabled children. Parents have the right to take one day off work per year to accompany their child up to six years of age to a medical appoint - ment (regardless of whether or not the child has a disability). Confidentiality The duty to maintain confidentiality regarding strategic information relating to the employer is implicit in the employment contract, and its breach by the employee may give rise to dismissal for just cause, which does not prevent the contract from being supplemented with other confidentiality clauses. The stipulation of confidentiality in the contract cannot violate public policy rules or impose disproportionate obligations. Permanent, excessively long or indefinite clauses are also not accepted, as they may be considered null and void for violating the principle of legal certainty. There must be a specific and reasonable time limit, compat - ible with the protected interest. Clauses that prevent communication with supervisory bodies, reporting of irregularities or compliance with legal obligations that involve the disclosure of information will also be inef - fective. With regard to non-defamation clauses, it is the natural obligation of the employee to refrain from acts that damage the honour or good reputation of their employer or superior, under penalty of justified dismissal. Employee’s Liability As for liability, the employee’s legal and contractual obligations are: • obedience and subordination; • diligence and zeal; • loyalty and fidelity; • secrecy and confidentiality; and • respect for health and safety standards at work.

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