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Employment contracts in Brazil: indefinite, fixed term, trial, intermittent, part time and apprentice

Last verified: 2026-10-27 · Status: Stable

Brazilian law presumes an indefinite CLT contract; it can be verbal or tacit, but the employer must record it in the digital work card within 5 business days. Fixed term contracts are allowed only for transitory work, transitory businesses or a trial, last at most 2 years (trial contracts at most 90 days) and become indefinite if extended more than once. Intermittent, part time (up to 30 hours) and apprentice contracts each have their own rules, and companies must fill an apprentice quota of 5 to 15 percent of qualifying roles.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.5007 per US dollar for 26 October 2026, the last business day before verification. The real moved sharply that day (R$5.0377 on 23 October), so conversions are for orientation only.

Key facts

Deadline to record a hire in the work card	5 business daysCLT art. 29, as of 2026-10-27 · in force
Maximum length of a fixed term contract	24 monthsCLT art. 445, as of 2026-10-27 · in force
Maximum length of a trial (experience) contract	90 daysCLT art. 445 sole paragraph, as of 2026-10-27 · in force
Extensions allowed before a fixed term contract becomes indefinite	1 extensionCLT art. 451, as of 2026-10-27 · in force
Employer indemnity for early termination of a fixed term contract	50 % of remaining pay CLT art. 479, as of 2026-10-27 · in force
Fine per unregistered employee (before TR adjustment)	3000 BRLCLT art. 47, as of 2026-10-27 · in force
Fine per unregistered employee, micro and small businesses	800 BRLCLT art. 47 § 1, as of 2026-10-27 · in force
Maximum weekly hours of a part time contract without overtime	30 hoursCLT art. 58-A, as of 2026-10-27 · in force
Minimum notice for an intermittent work call	3 daysCLT art. 452-A § 1, as of 2026-10-27 · in force
Minimum apprentice quota	5 %CLT art. 429, as of 2026-10-27 · in force
Maximum apprentice quota	15 %CLT art. 429, as of 2026-10-27 · in force
Upper age limit for apprentices (exclusive)	24 yearsCLT art. 428, as of 2026-10-27 · in force
FGTS deposit rate on apprentice pay	2 %Lei nº 8.036 art. 15 § 7, as of 2026-10-27 · in force

The rule

1. An employee is any natural person who provides non occasional services to an employer, under its direction, for a wage. The employer is the business that bears the economic risk and directs the work; companies in the same economic group are jointly liable. Acts meant to evade the CLT are void, so the label in a contract never overrides the facts.
Cost to do it: No fee. The cost of getting it wrong is the full employment package (13th salary, vacation, FGTS, social security) owed retroactively for up to 5 years.
Example: A 'consultant' paid R$8,000 a month who works fixed hours under a manager is an employee in substance; the 8 percent FGTS alone on five years of pay without the 13th is R$38,400.00. / About US$6,980.93 of FGTS alone, before 13th salary, vacation and social security.Consolidação das Leis do Trabalho (CLT), Decreto-Lei nº 5.452 of 1 May 1943; art. 2 §§ 2 and 3 as worded by Lei nº 13.467 of 13 July 2017, CLT arts. 2, 3 and 9, 1943-05-01 official text · verified 2026-10-27

2. The employer must record the hire date, pay and special conditions in the employee's work card (CTPS) within 5 business days, manually, mechanically or electronically, and keep an employee register (books, cards or electronic system).
Cost to do it: No government fee; recording is done through eSocial by the payroll provider.CLT art. 29 as worded by Lei nº 13.874 of 2019; art. 41 as worded by Lei nº 7.855 of 24 October 1989, CLT arts. 13, 29 and 41, 1943-05-01 official text · verified 2026-10-27

3. An employer that keeps an unregistered employee is fined R$3,000 per employee, plus the same amount for each repeat offense; for micro and small businesses the fine is R$800 per employee. The double visit rule (a first warning only inspection) does not apply. Fines stated in reais in the CLT are adjusted annually by the TR index.
Cost to do it: R$3,000 per unregistered worker (R$800 for micro and small businesses), before TR adjustment and before back pay and contributions.
Example: Five unregistered workers found at a medium size company: 5 x R$3,000 = R$15,000.00 in fines. / About US$2,726.93.CLT art. 47 as worded by Lei nº 13.467 of 13 July 2017; art. 634 § 2 inserted by Lei nº 13.467, CLT art. 47 caput, §§ 1 and 2; art. 634 § 2, 2017-07-13 official text · verified 2026-10-27

4. A contract may be tacit or express, verbal or written, for an indefinite term, a fixed term or intermittent work. A fixed term contract is valid only for services whose nature or transitory character justifies a term, for transitory business activities, or as a trial (experience) contract.
Cost to do it: No fee; drafting a written contract with an employment lawyer is a professional cost that varies by firm.CLT art. 443 as worded by Lei nº 13.467 of 13 July 2017, CLT art. 443 caput and §§ 1 to 3, 2017-07-13 official text · verified 2026-10-27

5. A fixed term contract may not exceed 2 years, and a trial contract may not exceed 90 days. A fixed term contract extended more than once becomes a contract for an indefinite term.
Cost to do it: No fee. An unlawful second extension turns the contract indefinite, so ending it later costs notice and the 40 percent FGTS fine.CLT arts. 445 and 451, CLT art. 445 and sole paragraph; art. 451, 1967-02-28 official text · verified 2026-10-27

6. If the employer ends a fixed term contract early without just cause it owes half of the pay the employee would have earned until the agreed end. An employee who leaves early must compensate the employer's losses, capped at what the employee would have received in the reverse case. If the contract has an early termination clause and a party uses it, the rules for indefinite contracts apply instead.
Cost to do it: Half of the remaining salary to the agreed end date.
Example: Fixed term contract at R$4,000.00 a month ended without cause with 6 months left: 6 x R$4,000.00 / 2 = R$12,000.00. / About US$2,181.54.CLT arts. 479, 480 and 481, CLT arts. 479, 480 § 1 and 481, 1943-05-01 official text · verified 2026-10-27

7. Intermittent work alternates active and inactive periods in hours, days or months and is allowed in every activity except aircrew. The contract must be written and state an hourly rate not below the minimum wage hourly rate or the rate of employees doing the same job. The employer calls the worker at least 3 full days in advance; the worker has 1 business day to answer, and silence is a refusal. A party that breaks an accepted call without fair reason pays the other 50 percent of the pay agreed for it within 30 days. At the end of each period the worker is paid salary, proportional vacation plus one third, proportional 13th salary and paid weekly rest, and after every 12 months is entitled to one month of vacation without calls.
Cost to do it: Pay only for hours called plus proportional benefits; social security and FGTS are due on each payment.
Example: A worker called for 40 hours at R$20.00 an hour earns R$800.00 for the period plus proportional vacation, one third bonus, 13th salary and weekly rest; a no show without fair reason owes the employer 50 percent of R$800.00, that is R$400.00. / R$800.00 is about US$145.44; the R$400.00 fine is about US$72.72.CLT arts. 443 § 3 and 452-A, inserted by Lei nº 13.467 of 13 July 2017, CLT art. 443 § 3; art. 452-A caput and §§ 1 to 9, 2017-07-13 official text · verified 2026-10-27

8. Part time work means up to 30 hours a week with no overtime, or up to 26 hours a week with up to 6 overtime hours paid at a premium of at least 50 percent. Pay is proportional to that of full time employees in the same role, and part time employees may sell one third of their vacation.
Cost to do it: Proportional salary and benefits; the 50 percent premium applies to overtime in the 26 hour model.CLT art. 58-A as worded by Lei nº 13.467 of 13 July 2017, CLT art. 58-A caput and §§ 1 to 7, 2017-07-13 official text · verified 2026-10-27

9. An apprenticeship contract is a written fixed term contract for people aged 14 to under 24 (no age cap for apprentices with disabilities), registered in the work card, combined with a training program, paid at least the hourly minimum wage and limited to 2 years. Work is capped at 6 hours a day with no overtime (up to 8 hours if basic schooling is complete and theory hours are counted). FGTS on apprentices is 2 percent instead of 8 percent.
Cost to do it: At least the hourly minimum wage of R$7.37 plus a 2 percent FGTS deposit, plus the training course fee charged by the provider.
Example: An apprentice working 6 hours a day for 22 days earns at least 132 x R$7.37 = R$972.84 in the month, with an FGTS deposit of R$19.46. / About US$176.86, FGTS about US$3.54.CLT arts. 428 and 432 as worded by Lei nº 10.097 of 19 December 2000 and later laws; Lei nº 8.036 art. 15 § 7 inserted by Lei nº 10.097, CLT art. 428 §§ 1 to 8; art. 432; Lei nº 8.036 art. 15 § 7, 2000-12-19 official text · verified 2026-10-27

10. Employers whose roles require professional training must hire apprentices equal to at least 5 percent and at most 15 percent of the workers in those roles in each establishment, rounding fractions up to one apprentice. Nonprofit educational employers are exempt. Apprentice contracts end at their term, at age 24, or early for insufficient performance, serious misconduct, school absence causing loss of the school year, or at the apprentice's request; the early termination indemnities of CLT arts. 479 and 480 do not apply.
Cost to do it: Salary of the quota apprentices plus training fees; non compliance is a matter for labor inspection.
Example: An establishment with 130 workers in roles requiring training must hire between 7 apprentices (5 percent of 130 is 6.5, rounded up) and 19 (15 percent is 19.5). / Not a currency figure; see the salary example above for the monthly cost per apprentice.CLT arts. 429 and 433 as worded by Lei nº 10.097 of 19 December 2000, CLT art. 429 caput and § 1; art. 433 and § 2, 2000-12-19 official text · verified 2026-10-27

11. Employers may not require more than 6 months of prior experience in the same type of work as a hiring condition, and may not use sex, age, color, family status or pregnancy in job ads, hiring, pay or promotion decisions, nor require sterility or pregnancy tests.
Cost to do it: No fee; review job ads and screening forms before launch.CLT art. 442-A inserted by Lei nº 11.644 of 2008; art. 373-A inserted by Lei nº 9.799 of 26 May 1999, CLT arts. 442-A and 373-A, I to VI, 1999-05-26 official text · verified 2026-10-27

Type	When allowed	Maximum length	Key cost or limit
Indefinite	Default for any job	None	Notice and 40 percent FGTS fine on dismissal without cause
Fixed term	Transitory work or business	2 years, one extension	Early termination by employer: half of remaining pay
Trial (experience)	Testing a new hire	90 days	Ends at term without notice or FGTS fine
Intermittent	Any activity except aircrew	None	3 days call notice; pay plus proportional benefits per period
Part time	Any activity	None	Up to 30 hours a week, or 26 plus 6 overtime
Apprentice	Ages 14 to under 24 in training	2 years	Quota 5 to 15 percent; FGTS 2 percent; 6 hours a day

Contract types compared (CLT arts. 58-A, 428, 429, 443, 445, 451, 452-A, 479).

Worked example

A foreign owned startup hires a sales manager on a 90 day trial contract at R$12,000.00 a month (US$2,181.54). It records the hire in eSocial within 5 business days. If it does not want to continue, letting the trial lapse on day 90 costs nothing beyond salary, proportional 13th salary and proportional vacation already earned.
If instead the company had signed a 12 month fixed term contract and ends it after 4 months, it owes half of the 8 remaining salaries: 8 x R$12,000.00 / 2 = R$48,000.00 (US$8,726.16).

Step by step

Decide the contract type using the table above; the default is an indefinite CLT contract.
Sign a written contract even where verbal is allowed, stating role, salary, hours, workplace and, if fixed term, the legal reason and end date.
Run the admission medical exam (CLT art. 168) before the start date.
Register the employee in eSocial and the digital work card within 5 business days of the start.
Calendar the end of any trial or fixed term contract and decide on renewal before the date; a second extension makes the contract indefinite.
Check the apprentice quota per establishment once headcount in trained roles grows.

Common traps

Two extensions of a fixed term contract, or a renewal that pushes it past 2 years (90 days for a trial), turn it into an indefinite contract (CLT arts. 445 and 451).
Adding an early termination clause to a fixed term contract and then using it applies indefinite contract rules, including notice (CLT art. 481).
Calling an intermittent worker with less than 3 full days of notice breaks the art. 452-A procedure.
Apprentices cannot work overtime or under a hours compensation scheme (CLT art. 432).
Asking for a pregnancy test at hiring is prohibited (CLT art. 373-A, IV).

Sources

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