BRAZIL Law and Practice Contributed by: Caio Medici Madureira, Rodrigo Souza Macedo and Nestor dos Santos Saragiotto, Tortoro, Madureira & Ragazzi Advogados
4.2 Registration Requirements for Foreign Workers As mentioned, foreign workers need a specific visa to work in Brazil. Currently, the Ministry of Justice and Public Security has the General Co-ordination of Labour Immigration (CGIL). The relevant legislation is Migration Law 13,445 of 24 May 2017, and Decree 9,199 of 20 November 2017. Labour immigrants must register with the Immigration Management and Control System, fill out the form and submit the relevant documentation. Once working in Brazil, workers are subject to all relevant legislation and have all the rights of Brazilian workers. Remote work is authorised by law and regulated by Articles 75-A to 75-F of the CLT. Telework is the pro - vision of services outside the employer’s premises, whether predominantly or not, using information and communication technologies. Attending the employer’s premises, even on a regular basis, to perform specific activities that require the employee’s presence at the establishment does not disqualify the remote work regime. Employees sub - ject to the telework or remote work regime may pro - vide services by the hour or by production or task. In the case of services provided under a teleworking or remote work regime by production or task, there is no obligation to control working hours. 5. New Work 5.1 Mobile Work The teleworking or remote work regime is not to be confused with or equated to the occupation of tele - marketing or call centre operator (situations that have their own legal regulation, with shorter working hours). The time spent using the necessary technological equipment and infrastructure, as well as software, dig - ital tools or internet applications used for teleworking, outside the employee’s normal working hours does not constitute on-call time or standby duty, unless provided for in an individual agreement or in a collec - tive labour agreement or convention.
The adoption of teleworking or remote working arrangements is permitted for interns and apprentices. Employees working under teleworking arrangements are subject to the provisions of local legislation and collective labour agreements relating to the territorial base of the employee’s place of work. The employ - ment contract of an employee hired in Brazil who chooses to telework outside the national territory is subject to Brazilian law, except for the provisions of Law No 7,064 of 6 December 1982, unless otherwise stipulated between the parties. An individual agreement may provide for the hours and means of communication between the employee and employer, provided that legal rest periods are ensured. The provision of services in the form of tel - eworking must be expressly stated in the individual employment contract. A change between on-site and teleworking may be made provided that there is mutual agreement between the parties, recorded in a contract amend - ment. A change from teleworking to on-site work may be made at the employer’s discretion, with a minimum transition period of 15 days, with a corresponding record in a contract amendment. The employer shall not be liable for expenses resulting from the return to on-site work if the employee chooses to telework or work remotely outside the location specified in the contract, unless otherwise agreed between the par - ties. The provisions relating to responsibility for the acqui - sition, maintenance or supply of the technological equipment and infrastructure necessary and appro - priate for the performance of remote work, as well as the reimbursement of expenses incurred by the employee, shall be set out in a written contract. The utilities necessary for the performance of the work are not included in the employee’s remuneration. The employer shall instruct employees, expressly and conspicuously, on the precautions to be taken to pre - vent illness and accidents at work. The employee shall sign a statement of responsibility committing to follow the instructions provided by the employer.
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