Employer of Record Brazil
Brazil Statutory Leave
Employer of Record Brazil
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Brazil Maternity Leave
Female employees who have been employed for at least 3 months are eligible for 120 days of paid maternity leave, during which their employer pays their regular salary. The government reimburses salaries paid during maternity leave in the form of tax deductions.
Maternity leave may start up to 28 days before the expected due date, and may be extended by two weeks if a doctor provides medical evidence that it is necessary.
Empresa Cidadã, a new voluntary governmental programme, allows private enterprises to grant employees an additional 60 days of paid maternity leave using their corporate tax contributions. This leave can begin 1 month before the expected due date.
In the case of adoption, leave is age-based. For children 1-4 years old, the mother gets 30 days leave; for children 4-8 years old, 15 days.
Paternity Leave in Brazil
Male employees are entitled to 5 days of paid paternity leave, during which their employer pays their regular salary. The government reimburses salaries paid during maternity leave in the form of tax deductions.
Empresa Cidadã, a new voluntary governmental programme, allows private enterprises to grant employees an additional 15 days of paid paternity leave using their corporate tax contributions.
Adoption Leave in Brazil
Adoptive parents are entitled to the same maternity and paternity leave as birth parents.
Brazil Annual Leave
After one year, Brazilian workers are entitled to 30 calendar days of paid annual leave. If paid leave is not taken within the year, businesses must provide double compensation and let the employee roll over the vacation to the following year.
The Labour Reform permits employees to break their paid leave into three periods, one of which must be 14 days and the others five days each. Brazilian workers can cash in 10 days of leave per year.
In addition to their regular salary, employees are also entitled to a holiday bonus of 1/3rd of a month’s salary, paid when they take their holiday.
Public Holidays in Brazil
There are 11 public holidays in Brazil, including the following:
- New Year’s Day (January 1st)
- Carnival (a two-day holiday, which falls on different days each year, usually in February or March)
- Good Friday (the Friday before Easter Sunday, usually in March or April)
- Tiradentes Day (April 21st)
- Labor Day (May 1st)
- Corpus Christi (a holiday celebrated 60 days after Easter Sunday, usually in May or June)
- Independence Day (September 7th)
- Our Lady Aparecida Day (October 12th)
- All Souls’ Day (November 2nd)
- Republic Day (November 15th)
- Christmas Day (December 25th)
It’s worth noting that some holidays, like Carnival and Corpus Christi, are not national holidays in the strictest sense, but are still widely observed and may result in some businesses and offices being closed. Additionally, some states and cities in Brazil may have their own local holidays, which can vary depending on the region.
Brazil Sick Leave
Sick leave in Brazil is uncapped, with responsibility for payment during sick leave varying, depending on the length of leave taken.
For the 15 days of sick leave, the employer will continue to pay the employee their regular salary.
If the employee is still unable to work after 15 days, they will be paid by social security, at a rate based on their social security contributions. The maximum amount is approximately 91% of the employee’s salary, and is capped at an amount set by the government.
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We are Brazil Employer of Record experts
We have extensive experience helping businesses expand their workforce in Brazil. Take a look at our areas of expertise to find out more:
Unsure what’s required when employing staff in Brazil? Find out about Brazil Work Permits and Visas
Wondering what it’s like to work in Brazil? We’ve got you covered in our extensive guide
Learn more about how you can attract and retain staff in Brazil with both statutory and enhanced employee benefits
Without Agility EOR, our ability to move quickly and scale would be extremely limited. Superb work from A to Z.
Frequently Asked Questions
Payrolling the employees is a key part of the service offered by an employer of record company. The EOR will calculate and remit all taxes, social securities and similar payments, on behalf of both employer and employee. The client will be invoiced in advance by the EOR company, for the total cost of the payroll.
Yes. Our clients are free to dictate the structure of the employees’ remuneration including any bonuses or commissions they wish to offer. In some countries, there is a statutory requirement to provide “bonuses”, for example in the form of Christmas or holiday allowances.
Yes. Agility EOR will calculate what pay is due upon termination of an employee, factoring in such things as any untaken leave entitlements.
We find that most of our clients are in the Tech, IT, Finance and Professional Services industries. However, we have acquired the skills, knowledge and experience to help all industries across the globe.
As a private company, we’re not beholden to shareholders or asset-shredding Private Equity targets. We aim to build long-term relationships with our clients. At Agility EOR, our approach is that we never forget that our business is all about people. Our Employer of Record solutions are tailored to each requirement, not a one-size-fits-all tech platform. We do the right thing by our clients and by the laws of each country we operate in. And we believe in openness; if we don’t feel we can offer you the best solution for a specific territory, we’ll say so.
We pride ourselves on our personable-approach so once you enter your new employees details into our dedicated platform, we’ll arrange a call with you to go through the details of the employment contract where together we can review and amend to your requirements. We liaise directly with your employee to build a rapport and obtain the necessary information to hire them compliantly, and set them up ready for their first payroll.
We never stop delivering! Even if you’re employee has been onboarded and is happily working for you and being paid each month, we’re here to partner with you whenever you or your employees need us. Even your ex-employees may need our assistance for tax documents, proof of employment requests etc… Our service never stops!