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Employer of Record Brazil

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Employer of Record Brazil

Navigating Brazil’s hiring regulations can be complex. Agility’s fully compliant entity provides a streamlined solution for hiring local talent.

Currency

Brazilian Real (BRL)

Population

215 Million

Capital City

Brasilia

Minimum Wage

BRL 1,212 per month

Local Language

Portuguese

Working Hours

44 hours per week

Employer of record in Brazil

When you hire in Brazil, the Employer of Record in Brazil  acts as the legal employer for your workers, taking care of the entire employment life cycle. This includes handling all the legal legwork, such as payroll, taxes, mandatory benefits, employment contracts, and ensuring compliance with Brazil  labor laws.

  • Leads all elements of employment
  • Serves as a legitimate employer
  • Makes hiring easier
  • Employs workers in a compliant manner

 

How does an Employer of Record Brazil work?

Agility

We take care of all the employment-related legalities, such as payroll, taxes, benefits, and human resources management.

 

Company

We take care of all the employment-related legalities, such as payroll, taxes, benefits, and human resources management.

 

Employee

Employee works as any other employee would, completing the tasks allotted to them.

Payment Frequency

Payroll in Brazil is either monthly or bimonthly, solely depending on the company.

 

Employee Tax – 7.5% to 41.5%

  • Social security: 7.5% – 14%
  • Income tax: begin paying when gross income is over BRL 1,903.99

 

Employer Tax – 29% to 33.5%

  • Social insurance: 8.5% – 12.5%
  • Pension: 8%
  • Work accident insurance: 1% – 3%

 

Probation Period

There is no standard length of the probation period in Brazil.

 

Employment Law

  • Written Employment Contract: A formal agreement outlining your terms and conditions.
  • Payslip: A record of your wages and deductions.
  • Paid Time Off: Entitlement to vacation days.
  • Health and Safety: Protection from workplace hazards.
  • Non-Discrimination: Safeguards against unfair treatment based on protected characteristics.
  • Unemployment Benefits: Financial assistance if you become unemployed.
  • Severance Pay: Compensation upon termination of employment.
  • 13th Month Salary: An additional monthly salary paid annually.
  • Transportation Voucher: Financial assistance for transportation costs.

 

Employee Termination

Termination can be at will, with notice being required for terminations without cause. Certain employees are protected from termination, for example, pregnant employees, those injured at work, or certain union representatives.

Terminations for cause must be for specific reasons relating to the employees behaviour. To avoid potential legal complications, employers will often seek to amicably agree to terminate employment by offering severance payments.

Companies must deposit 8% of employees’ monthly salaries into a holding account, (Employers Severance Fund or FGTS). Employees receive account balances upon termination. If the employee was fired without cause, the company must pay an additional 40% of the account value.

Employee Benefits

Statutory Benefits

  • 13th Month Salary: An additional monthly salary paid annually.
  • FGTS (Fundo de Garantia do Tempo de Serviço): A government-mandated retirement savings fund.
  • Holiday Bonus: A bonus payment typically given before holidays or vacations.
  • Transportation Voucher: Financial assistance for transportation costs.
  • Daycare Assistance: Support for childcare expenses.

Common Additional Benefits

  • Annual bonus
  • Family forming benefits
  • Flexible work arrangements
  • Fuel allowance
  • Life insurance
  • Meal voucher
  • Private health insurance
  • Private pension
  • Support for transgender employees
  • Extended maternity leave
  • Extended paternity leave
  • Food voucher

Statutory Leave

30 days and bank holidays
120 days maternity leave with possibility of an extra 60 days
5 days paternity leave and possibility of extra 15 days.
2 days bereavement leave

FAQ

Think of it like this: Agility EOR becomes the legal employer of your employees, taking care of all the paperwork and compliance headaches.

Agility EOR
  • We manage the onboarding process and ensure everything’s in order before your employee starts
  • We make sure your employees are treated fairly and compliantly in their relevant territory
  • We take care of all HR matters, and can answer any and all HR queries you may have e.g. maternity/paternity leave, holidays, sick pay, and more
  • We provide compliant contracts, process local payroll, and file taxes
  • We issue payslips and handle payments to the employee and authorities
Your Company
  • You find and manage your employees’ daily tasks
  • You support their development through their work
  • You follow our guidance on employment laws and best practices
  • You ensure payroll bills are paid to Agility EOR on time

 

Benefits of using an Employer of Record (EOR)

  • Faster and easier hiring: No need to set up your own legal entity.
  • Reduced risk and compliance burden: We handle the legal and administrative complexities.
  • More time and resources: Focus on your core business while we manage your employees.

There are various ways to employ people in Brazil, each with differing levels of costs and compliance:

Employee is employed by you and paid by you from your overseas Company

  • Pros: It seems like the most affordable yet simple choice.
  • Cons: The employee won’t be able to make the legally mandated social security contributions, and Brazilian employment legislation will be applicable.

 

Entity Set-up

  • Pros: This may be the least expensive choice if you need to hire a large staff (usually more than 15) for your company.
  • Cons: Creating a formal corporate structure and keeping up tight adherence to Brazilian tax and employment laws can be expensive and time-consuming, particularly for smaller businesses. This strategy frequently proves unworkable for companies with fewer than 15 employees.

 

Using an Employer of Record
  • Pros: Employers of Record services are the most efficient and economical way to handle payroll, HR, and compliance duties in Brazil. This is especially true for creating employer-employee relationships with groups of fewer than fifteen workers.
  • Cons: Expensive when recruiting large quantities of staff. It can be challenging to decide which Employer of Record supplier to use.

 

Hire a contractor in Brazil
  • Pros: This approach works well when the employee isn’t contracted to your business and can send a stand-in for them on their days off.
  • Cons: Hiring a full-time employee who is exclusively committed to your business without obtaining the appropriate employment classification is illegal in Brazil. Such misclassification may result in fines or even criminal prosecution.

Yes, provided that the employee has other jobs, has the autonomy to choose how to complete tasks, and can choose a substitute contractor for when they are not available.

In Brazil, an individual who works only for your business and whose responsibilities are set by your company is considered an employee. Failure to comply with these mandates violating Brazilian employment legislation.

Getting a trade license from the appropriate authorities and registering your company with the Commercial Register are the first stages in starting a business in Brazil. Although the registration process seems straightforward at first, setting up a physical office for tax purposes, opening a bank account in Brazil (which frequently necessitates physical presence), handling payroll software that complies with Brazilian laws, and filing taxes all add complexity to the setup process.

Hiring people in Brazil  means adhering to specific legal obligations. In simpler terms, HR compliance ensures your company strictly follows all employment and work practice regulations.

However, why is it of such significance? HR compliance in Brazil is more than just following the rules; it protects your company and its workers.

Adhering to employment laws ensures that your employees receive equitable treatment, including minimum salary, yearly leave, sick leave, and suitable working hours. This reduces the possibility of financial penalties, legal ramifications, and even litigation resulting from non-compliance, in addition to creating a healthy work atmosphere.

Partnering with Agility EOR as your Employer of Record in Brazil  simplifies tax and social security obligations. We manage all employee-related filings and contributions, ensuring complete compliance, so you can focus on running your business with peace of mind.

Agility EOR takes care of the convoluted legal requirements related to employment in Brazil, but your organization is still in charge of managing your team on a daily basis, resolving performance concerns, enforcing discipline when needed, and promoting a positive work environment through transparency.

Agility EOR handles the legal side of things in Brazil , so you can focus on managing your team and their daily tasks.

In Brazil, both employers and employees contribute to various taxes. Employers are responsible for social insurance, pension, work accident insurance, and additional payments like the 13th-month salary, holiday bonus, and FGTS penalties. Employees pay both social security tax and income tax.

Workers who are employed by a Brazil Employer of Record are given a conventional employment contract along with legal safeguards. This covers relevant tax credits as well as statutory benefits including maternity leave, yearly leave, and sick pay. It’s crucial to remember that everyone living in Brazil is covered by the public healthcare system – not only employees.

Agility EOR takes care of your HR compliance headache:

Trusted Partners: Agility EOR works with top employment specialists and advisers in Brazil. This guarantees that all local legal requirements are properly followed by your employment contracts and other important paperwork.

Comprehensive Knowledge: We keep up-to-date knowledge on all the complex facets of Brazilian employment law, including rules governing remote work, payroll, social security, and data protection.

Quick Action: Our internal staff is there to help and support you as soon as a problem develops.

Wondering if expanding in Brazil is right for you?

Read on or speak to a member of our team now

Brazil Employer of Record Benefits

When you choose Agility EOR to expand in Brazil, we guarantee an EOR Service tailored to the needs of your business

Compliance

We are on top of regulatory changes in Brazil so you can relax.

Cost reduction

Allow our economies of scale to work in your favour.

High Service Levels

You and your employees have a dedicated account manager.

Fixed Cost Pricing

We will agree our professional fees up front based on your needs – no nasty surprises!

Consolidated Invoicing & Payments

Make one monthly payment to cover all your tax, social and wages costs from one to one thousand employees.

Fast delivery

You can have 'boots on the ground' within days on our infrastructure.

Reduced Risk

All wage taxes are remitted in full to the Brazilian authorities by professionals ensuring liabilities are met, giving you peace of mind.

Supply Chain Transparency

We only pay employees through local full employed solutions meaning Brazilian payroll tax is paid on all funds.

Save Time and Money

Our expertise is at your disposal. The need for you to have internal HR, Payroll and admin staff is eliminated.

Download our full Brazil Employment Guide

Find out all about employing in Brazil

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