The Insider's Guide to Hiring in Brazil

Quick Overview

Can you hire? Yes
Employer cost 28.00% to 30.50%
Best model EOR
Payroll cycle Monthly
Continent South America
Population210+ million
LanguagePortuguese
CapitalBrasília
Country code+55
Min wageEffective January 1, 2026, the national minimum wage in Brazil is BRL 1,621 per month (gross).
Working hours8 AM – 5 PM
WeekdaysMonday through Friday
Work hours per week44 hours per week
CurrencyBrazilian Real (BRL)

Can you hire?

Yes

Via entity or EOR. Entity needed: Yes (or use EOR)

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Employer cost

28.00% to 30.50%

On top of gross salary

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Best model

EOR

Recommended for most companies

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Direct Hire

Local Entity

Set up a local entity. Full control, full compliance responsibility.

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Contractor

Freelance

Engage freelance or project-based talent. Lighter compliance, strict scope rules.

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EOR

RemotePass

Hire without an entity. RemotePass handles compliance, payroll, and visa.

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What does a $60,000 hire cost in Brazil?

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Total annual employer cost

Key Takeaways for Hiring in Brazil

  • Employment contracts must be bilingual (Portuguese and English) with detailed terms on probation, notice, and compensation
  • Employees receive a mandatory 13th-month salary (Christmas bonus) paid in two installments, typically in November and December
  • FGTS (severance fund) requires 8% employer contribution monthly, with a 40% penalty paid upon termination without cause
  • Vacation pay must be at least one-third higher than regular earnings, and unused vacation after 12 months triggers double pay

Continent

South America

Capital

Brasília

Currency

Brazilian Real (BRL)

Language

Portuguese

Payroll Cycle

Monthly

Pay Date

5th of the following month

VAT

17%

What Should You Know Before Hiring in Brazil?

Employment in Brazil is governed by the CLT (Consolidação das Leis do Trabalho), the federal labor code that sets mandatory minimums for contracts, working hours, paid leave, the 13th-month salary, and severance (FGTS). Understanding these rules is the first step to hiring compliantly.

Key fact: Brazilian contracts can be open-ended or fixed-term (renewable once), but both must be written in Portuguese and follow CLT minimums — including a 90-day probation cap and notice periods that grow with tenure.

Brazil Employment Contract Overview

Brazilian employment contracts follow structured rules under the CLT. Here’s what a standard contract covers and the conditions that apply.

ElementDetails
Contract typeFixed-term (renewable once) or open-ended
Local language required?Yes — contracts must be in Portuguese
Bilingual?Portuguese and English
Probation period90 days (renewable once)
Minimum paid time offUp to 30 days, scaled by unexcused absences (5 or fewer: 30 days; 6–14: 24; 15–23: 18; 24–32: 12; over 32: none)
Public holidaysEight public holidays
Notice period30 days minimum, rising 3 days per year of service after the first year, up to a maximum of 90 days

What Do You Need to Include in a Brazilian Employment Contract?

To stay compliant, every Brazilian employment contract should set out these essentials:

  • Full name
  • ID number
  • Role / job title
  • Start date
  • Contract duration
  • Working hours
  • Probation and notice conditions
  • Termination provisions
  • Compensation details

How Does Payroll Work in Brazil?

Payroll in Brazil runs monthly under the CLT, with strict rules on timing, the mandatory 13th-month salary, and employer social contributions.

Key fact: Every employee is entitled to a 13th-month salary — an extra month’s pay split into two installments, in November and December.
CategoryDetails
Salaried employeesPaid monthly, typically by the 5th business day of the following month
13th salaryMandatory annual bonus equal to one month’s salary, paid in two installments (November and December)
Average employer tax28.00%–30.50% of gross salary

Tax Breakdown

CategoryRate / Details
VATStandard rate of 17%

What Employee Benefits Are Mandatory in Brazil?

Brazil mandates a robust set of statutory benefits, funded through payroll contributions and general taxation. Employers must comply for local and expatriate staff alike, unless exempt under a bilateral agreement.

BenefitProviderFunded throughNotes
Health insuranceGovernmentGeneral tax revenuesBrazil’s public healthcare system (SUS) provides free, universal access to healthcare for everyone in the country — Brazilians and foreigners alike, regardless of income.
Pension / social securityGovernmentPayroll contributionsMandatory for all employees. INSS contributions fund retirement, disability, maternity leave and other social benefits; both employer and employee contributions are compulsory.
Other statutory benefitsGovernment / employerPayroll contributions / additional costFGTS acts as a severance fund (accessible on dismissal without cause, retirement or serious illness), and the 13th-month salary is mandatory.

Employment of expats is supported: individuals from abroad must first secure a temporary visa and submit a residence application within 90 days of arriving. Residence visas are typically issued for up to two years and can be extended.

What Leave Are Employees Entitled to in Brazil?

Brazil provides comprehensive leave entitlements — annual vacation, public holidays, sick leave, parental leave and other special categories — all set by the CLT.

Annual Leave

Employees can receive up to 30 days of paid vacation per year, scaled by unexcused absences. Eligibility begins after 12 months of service, and vacation pay must be at least one-third higher than regular earnings.

Unexcused absencesVacation days
Five or fewer30 days
Six to 1424 days
15 to 2318 days
24 to 3212 days
Over 32No vacation granted

If vacation isn’t granted within 12 months of being earned, the employee is owed double pay when taken. Leave can be split into up to three parts (one of at least 14 consecutive days), cannot be carried over, and up to one-third may be converted to cash.

Public Holidays

Employees are granted eight nationwide public holidays:

  • January 1 — New Year’s Day
  • April 21 — Tiradentes Day
  • May 1 — Labor Day
  • September 7 — Independence Day
  • October 12 — Our Lady of Aparecida Day
  • November 2 — All Souls’ Day
  • November 15 — Proclamation of the Republic Day
  • December 25 — Christmas Day

Employees may also be entitled to local or regional holidays based on their place of work.

Sick Leave

For non-work-related illness, the employer pays full salary for the first 15 days; beyond that, Social Security takes over. Employees are protected from termination for up to one year after returning from Social Security sick leave.

Maternity Leave

Female workers are entitled to 120 days of paid maternity leave, which may begin up to one month before delivery. The employer pays initially and is reimbursed by social security. Mothers are protected from dismissal without just cause until five months after birth, with two daily half-hour breastfeeding breaks until the child is six months old.

Paternity Leave

Fathers are entitled to five days of paid paternity leave.

Other Types of Leave

Marriage leave: three days of paid leave. Bereavement leave: two days of paid leave on the death of a spouse, parent, child, sibling or other dependent.

How Do Terminations and Resignations Work in Brazil?

Terminating employment in Brazil involves detailed rules on notice, severance, FGTS penalties and documentation. The route — resignation, dismissal with or without cause, or mutual agreement — determines what’s owed.

Termination typePossible under EOR?
Termination for cause (misconduct, etc.)Yes
Termination without causeYes
Mutual termination agreement (MTA)Yes
RedundancyNot possible under the EOR setup

Employee Resignation

The employee submits a signed, dated resignation letter and gives at least 30 days’ notice (CLT Art. 487). On resignation, the worker forfeits the full severance that applies to dismissal without cause, and the 40% FGTS penalty and unemployment insurance are not paid.

Dismissal With Cause

Just-cause dismissal requires no prior notice and pays no severance — employees are not eligible for prorated vacation pay or the year-end bonus. Acceptable grounds under CLT Article 482 include dishonesty or misconduct, criminal conviction leading to imprisonment, gross negligence, habitual intoxication at work, breach of confidentiality, insubordination, and unauthorised absence of 30 days or more.

Dismissal Without Cause

The employer gives written, dated notice stating the termination is without cause. A fine equal to 40% of the FGTS balance is due, and the employee may withdraw the full FGTS balance — alongside the salary balance, proportional 13th salary, and accrued/proportional vacation plus the one-third bonus.

Mutual Termination Agreement

Under CLT Article 484-A, both parties may end the contract by agreement with reduced obligations: half the notice value and a reduced 20% FGTS fine, with the employee able to withdraw up to 80% of the FGTS balance.

Final Payment Deadline

With notice worked, final dues are paid by the first business day after the notice period ends. With indemnified notice, payment is due within 10 calendar days of the termination date.

Termination Documentation

Brazilian terminations require formal paperwork — typically the TRCT (Termo de Rescisão do Contrato de Trabalho), the final payslip (holerite de rescisão), an updated CTPS, and FGTS statements. Dismissals without cause also require an unemployment-insurance form.

Legal Disclaimer: The information provided in this guide is intended for general informational and guidance purposes only and does not constitute legal, financial, or human resources advice. While we strive to keep the information up to date and accurate, laws and regulations in Brazil are subject to change. We recommend consulting with qualified legal and HR professionals for advice specific to your situation. RemotePass does not accept liability for any errors, omissions, or outcomes related to the use of this information.

Supporting Guides

Contractor Rules

Hiring, engagement, and misclassification rules

Read Guide →

Work Visas

Visa types, sponsorship, and permit process

Read Guide →

Payroll

Pay cycles, salary structure, and employer cost breakdown

Read Guide →

Taxes

Corporate tax, VAT, and personal income tax

Read Guide →

Benefits & Leave

Annual leave, public holidays, and statutory benefits

Read Guide →

Termination & Severance

Severance, notice periods, and the offboarding process

Read Guide →

Finally, a Payroll Partner That Actually Gets Brazil

Frequently Asked Questions

How does the FGTS system work?

FGTS (Fundo de Garantia do Tempo de Serviço) is a mandatory severance fund. You contribute 8% of the employee’s monthly salary to their FGTS account. When you terminate without cause, you pay an additional 40% penalty on the total accumulated balance, and the employee can withdraw their full FGTS balance. In resignations, the employee can’t access the funds and you don’t pay the penalty.

The 13th-month salary has two payment dates?

Yes. The first installment must be paid between February 1 and November 30 (usually paid in November). The second installment must be paid by December 20. It’s equivalent to one month’s wages split into two payments.

Vacation pay is one-third higher than regular pay?

Correct. Vacation pay must include a constitutional bonus of one-third (⅓) above the employee’s regular earnings. So if someone earns BRL 3,000/month, their vacation pay is BRL 4,000 (3,000 + 1,000).

What happens if I don’t grant vacation within 12 months?

You must pay double the usual vacation pay when the employee finally takes it. This is a penalty for not granting earned vacation within the required timeframe. Vacation cannot be carried over to the next year.

Can employees really sell back vacation days?

Yes. Employees can choose to receive cash payment instead of using up to one-third of their vacation days. So for 30 days of earned vacation, they can sell back 10 days and take 20 days off.

Notice periods increase with tenure. How does that work?

For terminations without cause: start at 30 days minimum, then add three days for each year of service beyond the first year, capping at 90 days. So someone with five years tenure gets 42 days’ notice (30 + 12). For resignations, it’s flat 30 days regardless of tenure.

Sick leave protection for a full year after returning?

Yes. If an employee receives Social Security sick leave benefits (which kick in after 15 days), they’re protected from termination for up to one year after resuming work. This prevents employers from firing people immediately after they return from extended illness.

Why are there so many termination documents?

Brazilian labor law is documentation-heavy to protect employee rights. The TRCT, CTPS update, FGTS statements, and various receipts all serve as official proof of proper termination and payment. Missing any of these can result in labor disputes or fines.

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