If you have arrived in Brazil and are working, the first thing you need to know is: You have the same rights as any Brazilian. Period.
The law here in Brazil is very clear: if you have your immigration status regularized (such as CRNM or Refugee status), your employer cannot pay you less, treat you differently, or exploit you just because you are a foreigner.
Thus, this principle of equality is enshrined in the Constitution.
This text is your quick guide to understanding the employer's obligations and what you are legally entitled to receive, without complicated legal terms. Therefore, use this information to protect yourself.
🎙️ The Principle of Equality:
"Our role as attorneys is to ensure that the law, in its essence, is equal for everyone. Labor protection in Brazil has no passport: every worker is a citizen of rights."
Rodrigo Fortunato Goulart, Lawyer, PhD in Labor Law - PUCPR
First and foremost, your employment contract is only safe and valid with these documents:
The Digital Work Card (CTPS): The Work Card (Carteira de Trabalho), which used to be a physical book, is now digital and linked to your CPF (Brazilian ID). It is where your entire work history in Brazil is recorded. Your boss must register your contract in the Digital CTPS on your very first day of work. Do not agree to work without registration.
Your Foreigner Registration (CRNM): Your residency document (such as the CRNM or RNE) is sufficient for all legal registrations. An employer who refuses to register you claiming a lack of a "Brazilian document" is using an illegal excuse.
If you and a Brazilian colleague perform the same job, the law requires that the salary be the same. This is called salary equality.
Minimum Wage: No one can be paid less than the national minimum wage or the specific floor wage for your profession, if one exists.
Holidays + 1/3: After 12 months of work, you are entitled to 30 days of paid leave (férias). In addition, the company must pay an extra one-third (1/3) of that salary amount.
Normal Hours: The maximum you should work is 8 hours a day and 44 hours a week.
Overtime (Horas Extras): If you work more than that, every extra hour must be paid at least 50% more than your normal hourly rate. The company cannot force you to work for free.
Brazilian law prohibits any type of discrimination based on your country of origin, accent, skin color, or religion.
Paying Less for Being a Foreigner: This is illegal and gives you the right to file a lawsuit for discrimination.
Moral Harassment (Assédio Moral): Repeatedly yelling, humiliating, isolating, or assigning impossible tasks to you.
Threats: Threatening to fire you if you complain or demand your rights.
If you get injured at the company or become ill because of the job, you have strong protections:
Leave and Salary: If you need to take leave: for the first 15 days, the company pays your salary. From the 16th day onward, the INSS (the government) begins paying your benefit.
Job Stability (Estabilidade): If your leave is due to a work accident, you gain special protection: upon returning to work, the company cannot fire you without just cause for 12 months.
You are entitled to receive everything: Notice Period Pay (Aviso Prévio), Holidays, 13th Salary, and you can withdraw your FGTS (Guaranty Fund) plus the 40% fine.
If you decide to leave voluntarily, you lose the right to withdraw the FGTS, the 40% fine, and unemployment insurance (Seguro-Desemprego). You receive: Salary Balance, Holidays, and 13th Salary Proportional.
Many immigrants feel vulnerable because they are unfamiliar with the legal system. Here are direct answers to the 7 biggest questions that reach the Judiciary:
1. Can My Salary Be Lower Because I Am a Foreigner? 💰 No. If you perform the same job as a Brazilian colleague, you must receive exactly the same salary. The Labor Court guarantees salary equality.
2. Can I Work Without Registration (Sem Carteira Assinada)? 📄 You can, but you shouldn't. Working without registration is illegal for the company. The Court can recognize the employment relationship and force the company to pay everything owed from the start.
3. Can the Company Fire Me for Speaking Poor Portuguese? 🗣️ No. Termination for reasons linked to accent or language is discrimination and leads to compensation.
4. Am I Afraid to Sue and Lose My Documentation? 🛡️ No, not at all. Access to Justice is a fundamental right. The employer cannot use your lawsuit as a reason for retaliation or to try to cancel your residency status.
5. Is My Immigrant Document (CRNM) Valid for the Contract? 🇧🇷 Yes. Your CRNM and CPF are the documents the company needs. Refusing to register you is illegal.
6. Am I Entitled to FGTS, Holidays, and 13th Salary? ✅ Yes, absolutely. You are entitled to all benefits guaranteed by the CLT.
7. If I Get Sick or Injured, Do I Get Government Aid (INSS)? 🏥 Yes. Access to social security benefits (like Sickness Aid) is guaranteed to you and your family, provided you are registered for work and contributions are being made.
The process of seeking the Labor Court is simple and guaranteed by the Constitution for anyone in Brazilian territory.
The attorney is your main ally. They will translate your problem into legal language and present all the documents and evidence you have gathered. The Judiciary is available to hear your requests for recognition of the employment relationship, payment of due wages, or compensation for discrimination.
If you are facing difficulties, consult a trusted labor attorney. Your immigrant status does not diminish your rights in Brazil.
por Agência de Marketing Digital
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