Countries › Brazil › Guide › 7. Labor and employment › Employing people in Brazil: contracts, real cost of a hire, hours, dismissal and outsourcing
Employing people in Brazil: contracts, real cost of a hire, hours, dismissal and outsourcing
Last verified: 2026-10-25 · Status: Changing
Brazilian employees are hired under the CLT with a 2026 minimum wage of R$1,621 a month, a 13th salary, 30 days of paid vacation plus a one third bonus, an 8 percent FGTS deposit and 20 percent employer social security plus 1 to 3 percent accident insurance, so a hire costs roughly 1.4 times the 12 monthly salaries before third party levies. Dismissal without cause is always possible but costs notice of 30 to 90 days and a fine of 40 percent of the FGTS balance; a mutual termination halves both. Constitutional Amendment 141 of 16 October 2026 cuts the normal week to 42 hours with two paid rest days from mid December 2026 and to 40 hours a year later, with no pay cut, while outsourcing of any activity, including the core one, remains lawful.
USD figures use the Banco Central do Brasil PTAX selling rate of R$5.0377 per US dollar for 23 October 2026, the last business day before verification. Conversions are for orientation only.
Key facts
| National minimum wage, monthly | 1621.00 BRLDecreto nº 12.797/2025 art. 1, as of 2026-01-01 · in force |
|---|---|
| National minimum wage, monthly, in USD at PTAX R$5.0377 (23 October 2026) | 321.77 USDDecreto nº 12.797/2025 art. 1, as of 2026-10-23 · in force |
| National minimum wage, hourly | 7.37 BRLDecreto nº 12.797/2025 art. 1 sole paragraph, as of 2026-01-01 · in force |
| Maximum normal daily hours | 8 hoursCF art. 7 XIII; CLT art. 58, as of 2026-10-25 · in force |
| Maximum normal weekly hours from two months after publication of EC 141 (mid December 2026) | 42 hoursEmenda Constitucional nº 141/2026 art. 6 I, as of 2026-10-16 · pending |
| Maximum normal weekly hours one year after the 42 hour step (mid December 2027) | 40 hoursEmenda Constitucional nº 141/2026 art. 6 II; CF art. 7 XIII, as of 2026-10-16 · pending |
| Paid weekly rest days from two months after publication of EC 141 | 2 daysCF art. 7 XV as worded by EC nº 141/2026; EC 141 art. 10 I, as of 2026-10-16 · pending |
| Minimum overtime premium | 50 %CLT art. 59 § 1; CF art. 7 XVI, as of 2026-10-25 · in force |
| Maximum overtime per day | 2 hoursCLT art. 59, as of 2026-10-25 · in force |
| Paid annual vacation | 30 calendar daysCLT art. 130 I, as of 2026-10-25 · in force |
| Vacation bonus over normal salary (minimum) | 33.33 %CF art. 7 XVII, as of 2026-10-25 · in force |
| Mandatory 13th salary | 1 monthly salaries per yearLei nº 4.090/1962 art. 1, as of 2026-10-25 · in force |
| FGTS monthly deposit by employer | 8 %Lei nº 8.036/1990 art. 15, as of 2026-10-25 · in force |
| FGTS fine on dismissal without cause, share of deposits | 40 %Lei nº 8.036/1990 art. 18 § 1, as of 2026-10-25 · in force |
| Minimum dismissal notice | 30 daysLei nº 12.506/2011 art. 1, as of 2026-10-25 · in force |
| Maximum dismissal notice (30 days plus 3 per year of service) | 90 daysLei nº 12.506/2011 art. 1 sole paragraph, as of 2026-10-25 · in force |
| Maximum trial (experience) contract | 90 daysCLT art. 445 sole paragraph, as of 2026-10-25 · in force |
| Maximum fixed term contract | 24 monthsCLT art. 445, as of 2026-10-25 · in force |
| Employer social security on payroll, before RAT and third party levies | 20 %Lei nº 8.212/1991 art. 22 I, as of 2026-10-25 · in force |
| Top marginal employee social security rate | 14 %Portaria Interministerial MPS/MF nº 13/2026, as of 2026-01-01 · in force |
| Monthly contribution and benefit ceiling (RGPS) | 8475.55 BRLPortaria Interministerial MPS/MF nº 13/2026, as of 2026-01-01 · in force |
| Maternity leave | 120 daysCF art. 7 XVIII, as of 2026-10-25 · in force |
| Outsourcing of the core activity allowed | Yes, with subsidiary liability of the client Lei nº 6.019/1974 arts. 4-A and 5-A § 5, as of 2026-10-25 · in force |
| Mandatory union dues | No, deduction needs prior express authorization CLT art. 579, as of 2026-10-25 · in force |
| Disability hiring quota for companies with 100 or more employees | 2 to 5 %Lei nº 8.213/1991 art. 93, as of 2026-10-25 · in force |
The rule
Cost to do it: R$1,621.00 a month per full time employee as the legal floor, before employer charges.
Example: Minimum wage R$1,621.00 a month; R$7.37 an hour. / About US$321.77 a month; about US$1.46 an hour.Decreto nº 12.797 of 23 December 2025 (under Lei nº 14.663/2023 and Lei nº 15.077/2024); Constituição Federal art. 7, IV and VII, Decreto nº 12.797 art. 1 and sole paragraph, 2025-12-23 official text · verified 2026-10-25 · changed: Raised from R$1,518.00 in 2025 to R$1,621.00 from 1 January 2026 (published in the DOU of 24 December 2025).
Cost to do it: At least 1.5 times the normal hourly rate for each overtime hour, capped at 2 hours a day.
Example: At the minimum hourly wage of R$7.37, each overtime hour costs at least R$11.06. / About US$2.19 per overtime hour at the minimum wage.Consolidação das Leis do Trabalho (CLT, Decreto-Lei nº 5.452 of 1 May 1943), art. 59 as worded by Lei nº 13.467 of 13 July 2017; Constituição Federal art. 7, XVI, CLT arts. 58, 59 and 611-B, X; CF art. 7, XIII and XVI, 2017-07-13 official text · verified 2026-10-25
Cost to do it: Same monthly pay for fewer hours: moving from 44 to 40 hours at constant pay raises the cost per hour worked by 10 percent (44 divided by 40), before any overtime needed to cover the gap.
Example: An employee on R$3,000 a month for 44 hours keeps R$3,000 for 42 hours from mid December 2026 and for 40 hours from mid December 2027. / About US$595.51 a month either way; the employer buys about 9 percent fewer normal hours for the same dollars.Emenda Constitucional nº 141 of 16 October 2026, amending Constituição Federal art. 7, Art. 1 (CF art. 7, XIII, XV and §§ 2 and 3), arts. 2, 3, 4, 5, 6, 8 and 10, 2026-10-16 official text · verified 2026-10-25 · changed: Promulgated and published in the DOU extra edition of 16 October 2026. The 2 rest day rule (CF art. 7, XV) takes effect two months after publication; the rest of the amendment took effect on publication, with the hours cut phased to 42 hours after two months (mid December 2026) and 40 hours one year later (mid December 2027).
Cost to do it: One extra monthly salary a year, which also bears FGTS and employer social security (Lei nº 8.036 art. 15; Lei nº 8.212 art. 28 § 7).
Example: Salary R$10,000: first half R$5,000 by 30 November, balance R$5,000 by 20 December (employee withholdings come out of the balance). / About US$1,985.03 in total, paid in two halves of about US$992.52.Lei nº 4.090 of 13 July 1962; Lei nº 4.749 of 12 August 1965; Constituição Federal art. 7, VIII, Lei nº 4.090 arts. 1 and 3; Lei nº 4.749 arts. 1 and 2, 1962-07-13 official text · verified 2026-10-25
Cost to do it: One third of a monthly salary a year on top of the 12 salaries.
Example: Salary R$10,000: vacation bonus R$3,333.33 a year. / About US$661.68 a year.CLT art. 130 as worded by Decreto-Lei nº 1.535 of 13 April 1977; Constituição Federal art. 7, XVII, CLT art. 130, I to IV; CF art. 7, XVII, 1977-04-13 official text · verified 2026-10-25
Cost to do it: 8 percent of payroll every month, plus a 40 percent fine on the FGTS balance on each dismissal without cause.
Example: Salary R$10,000: R$800 a month and R$800 on the 13th salary, R$10,400 a year. / About US$2,064.43 a year.Lei nº 8.036 of 11 May 1990 (FGTS); art. 15 as worded by Lei nº 14.438 of 2022; art. 18 as worded by Lei nº 9.491 of 1997, Art. 15 caput; art. 18 §§ 1 and 2; CLT art. 611-B, III, 1990-05-11 official text · verified 2026-10-25
Cost to do it: 21 to 23 percent of payroll, before third party contributions and before the special regimes covered on the payroll taxes page.
Example: Salary R$10,000 with RAT of 2 percent: R$2,200 a month, R$28,600 a year including the 13th salary. / About US$436.71 a month, about US$5,677.19 a year.Lei nº 8.212 of 24 July 1991; art. 22, I as worded by Lei nº 9.876 of 1999; art. 22, II as worded by Lei nº 9.732 of 1998, Art. 22, I and II; art. 28 § 7, 1991-07-24 official text · verified 2026-10-25
Cost to do it: Borne by the employee; the employer's cost is the duty to withhold and pay it.
Example: Salary R$10,000 (above the ceiling): R$988.09 withheld a month. Salary R$5,000: R$501.51. / About US$196.14 a month at the ceiling; about US$99.55 on a R$5,000 salary.Portaria Interministerial MPS/MF nº 13 of 9 January 2026, as published by the Instituto Nacional do Seguro Social, Contribution table for employees, domestic and casual workers, 2026-01-09 official text · verified 2026-10-25
Cost to do it: No registration fee; employer charges apply from the first day, including during the trial period.CLT art. 443 as worded by Lei nº 13.467 of 13 July 2017; art. 445 as worded by Decreto-Lei nº 229 of 28 February 1967, CLT art. 443 caput; art. 445 and sole paragraph, 2017-07-13 official text · verified 2026-10-25
Cost to do it: Up to 3 months of salary when paid in lieu of notice.
Example: Employee with 5 full years on R$10,000: 45 days of notice, R$15,000 if paid in lieu. / About US$2,977.55.Lei nº 12.506 of 11 October 2011; CLT art. 487; Constituição Federal art. 7, XXI, Lei nº 12.506 art. 1 and sole paragraph; CLT art. 487 § 1, 2011-10-11 official text · verified 2026-10-25
Cost to do it: One extra month of salary to the employee if the 10 day deadline is missed.
Example: Missing the deadline for an employee on R$10,000 adds R$10,000 to the bill. / About US$1,985.03.CLT art. 477 as worded by Lei nº 13.467 of 13 July 2017, Art. 477 caput and §§ 2, 6 and 8, 2017-07-13 official text · verified 2026-10-25
Cost to do it: Half of the notice and half of the FGTS fine compared with a dismissal without cause.
Example: 5 years on R$10,000 with an FGTS balance of R$52,000: notice R$7,500 and fine R$10,400, R$17,900 in total instead of R$35,800. / About US$3,553.21 instead of about US$7,106.42.CLT art. 484-A, inserted by Lei nº 13.467 of 13 July 2017, Art. 484-A, I and II, §§ 1 and 2, 2017-07-13 official text · verified 2026-10-25
Cost to do it: No mandatory union levy without the worker's authorization; negotiating a company level agreement is a professional cost set by the parties.CLT arts. 611-A and 611-B, inserted by Lei nº 13.467 of 13 July 2017; art. 579 as worded by Lei nº 13.467, CLT art. 611-A, I to XV and § 3; art. 611-B, III and X; art. 579, 2017-07-13 official text · verified 2026-10-25
Cost to do it: Applies only from the salary threshold.
Example: 2026 threshold: 2 times R$8,475.55, that is R$16,951.10 a month. The separate exclusion from hours rules in Emenda Constitucional nº 141 art. 8 starts at 2.5 times, R$21,188.88. / About US$3,364.85 a month; the hours exclusion threshold is about US$4,206.06.CLT art. 444, sole paragraph, inserted by Lei nº 13.467 of 13 July 2017, Art. 444, sole paragraph, 2017-07-13 official text · verified 2026-10-25
Cost to do it: No authorization fee; the client's exposure is subsidiary liability plus the 11 percent withholding on labor supply invoices.
Example: A R$100,000 invoice for assigned labor: the client withholds R$11,000 and pays it to social security in the provider's name. / About US$19,850.33 invoice; about US$2,183.54 withheld.Lei nº 6.019 of 3 January 1974, arts. 4-A and 5-A as worded by Lei nº 13.467 of 13 July 2017 and Lei nº 13.429 of 31 March 2017, arts. 5-C and 5-D inserted by Lei nº 13.467; Lei nº 8.212 art. 31, Lei nº 6.019 arts. 4-A §§ 1 and 2, 5-A §§ 1, 3 and 5, 5-C and 5-D; Lei nº 8.212 art. 31, 2017-07-13 official text · verified 2026-10-25
Cost to do it: No fee; the cost is hiring to the quota and, for apprentices, enrolling them in a national vocational training course.
Example: A company with 400 employees must fill at least 12 positions (3 percent) with people with disabilities or rehabilitated workers.Lei nº 8.213 of 24 July 1991, art. 93 as worded by Lei nº 13.146 of 2015; CLT art. 429 as worded by Lei nº 10.097 of 19 December 2000, Lei nº 8.213 art. 93, I to IV and § 1; CLT art. 429, 1991-07-24 official text · verified 2026-10-25
Cost to do it: Compliance work twice a year; maximum fine of 100 minimum wages.
Example: Maximum fine in 2026: 100 times R$1,621, that is R$162,100. / About US$32,177.38.Lei nº 14.611 of 3 July 2023 (equal pay for women and men), Art. 5 caput and §§ 1 to 3, 2023-07-03 official text · verified 2026-10-25
Cost to do it: Avoids paying social security in both countries during a posting of up to 12 months.Decreto nº 5.722 of 13 March 2006, promulgating the Mercosur Multilateral Social Security Agreement of 15 December 1997, Agreement arts. 4 and 5(a), 2006-03-13 official text · verified 2026-10-25
| Item | Basis | R$ a year | US$ a year |
|---|---|---|---|
| 12 monthly salaries | Contract | 120,000.00 | 23,820.39 |
| 13th salary | One extra salary | 10,000.00 | 1,985.03 |
| Vacation bonus | One third of a salary | 3,333.33 | 661.68 |
| FGTS | 8 percent of salaries and 13th | 10,400.00 | 2,064.43 |
| Employer social security and RAT | 20 plus 2 percent of salaries and 13th | 28,600.00 | 5,677.19 |
| Total | About 1.44 times the 12 salaries | 172,333.33 | 34,208.73 |
Annual employer cost of one employee on R$10,000 a month (about US$1,985.03), with RAT at 2 percent. Excludes third party contributions, charges on the vacation bonus, and benefits set by collective agreement. Sources: Lei nº 4.090 art. 1; CLT art. 130 and CF art. 7 XVII; Lei nº 8.036 art. 15; Lei nº 8.212 arts. 22 and 28 § 7.
| Item | Dismissal without cause | Mutual agreement |
|---|---|---|
| Notice paid in lieu | Full: 30 days plus 3 per year, up to 90 | Half |
| FGTS fine | 40 percent of deposits | 20 percent of deposits |
| FGTS withdrawal by employee | Under Lei nº 8.036 art. 20 | Up to 80 percent of the balance |
| Unemployment insurance | Constitutional right for involuntary unemployment, subject to eligibility | Not available |
| Other amounts (salary balance, 13th, vacation) | In full | In full |
Ending an indefinite contract: dismissal without cause versus mutual agreement (CLT arts. 484-A and 487; Lei nº 12.506 art. 1; Lei nº 8.036 art. 18 § 1; CF art. 7 II).
| When | What applies |
|---|---|
| 16 October 2026 (publication) | 40 hour text in CF art. 7 XIII; no pay cut on reduction; graduates earning 2.5 times the RGPS ceiling outside hours control |
| Two months after publication (mid December 2026) | Maximum 42 normal hours a week; 2 paid weekly rest days; conflicting collective clauses on hours and rest lose effect |
| One year later (mid December 2027) | Maximum 40 normal hours a week |
Working time timeline under Emenda Constitucional nº 141 of 16 October 2026 (arts. 3, 6 and 10).
| Monthly contribution salary (R$) | Rate on the band |
|---|---|
| Up to 1,621.00 | 7.5 percent |
| 1,621.01 to 2,902.84 | 9 percent |
| 2,902.85 to 4,354.27 | 12 percent |
| 4,354.28 to 8,475.55 | 14 percent |
Employee social security rates from January 2026 (Portaria Interministerial MPS/MF nº 13 of 9 January 2026, as published by the INSS).
Worked example
- Budgeting a hire. A foreign owned Brazilian subsidiary hires an engineer on R$10,000 a month (about US$1,985.03). Over a year it pays 12 salaries (R$120,000), the 13th salary (R$10,000, Lei nº 4.090 art. 1), the one third vacation bonus (R$3,333.33, CF art. 7 XVII), FGTS of 8 percent (R$10,400, Lei nº 8.036 art. 15) and employer social security plus RAT of 22 percent (R$28,600, Lei nº 8.212 art. 22). Total R$172,333.33, about US$34,208.73, or 1.44 times the 12 salaries, before third party contributions and agreed benefits. Separately it withholds the employee's own social security of R$988.09 a month, the 2026 maximum.
- Dismissal after five years. The same engineer is dismissed without cause after 5 full years. Notice is 30 plus 15 days, 45 days, R$15,000 if paid in lieu (Lei nº 12.506 art. 1). Deposits of 8 percent on 13 salaries a year for 5 years total about R$52,000 before correction and interest, so the FGTS fine is about R$20,800 (Lei nº 8.036 art. 18 § 1). These two items alone come to R$35,800, about US$7,106.42, plus salary balance, pro rata 13th and vacation, all payable within 10 days (CLT art. 477 § 6). By mutual agreement the two items halve to R$17,900, about US$3,553.21, but the employee gets no unemployment insurance (CLT art. 484-A).
- Planning for the shorter week. A retailer runs 44 hour weeks on a six days on, one off roster. From mid December 2026 it must schedule at most 42 normal hours and 2 paid rest days a week, and from mid December 2027 at most 40 hours, without cutting anyone's pay (EC nº 141 arts. 2 and 6). Its old collective clauses on hours and rest lose effect after two months (art. 3). A cashier on R$3,000 (about US$595.51) keeps R$3,000 for 40 hours, so the cost per hour worked rises by 10 percent; any hours above the new limit are overtime at 1.5 times (CLT art. 59 § 1).
Step by step
- 1. Choose the contract type before the start date: indefinite, fixed term up to 2 years, trial up to 90 days, or intermittent (CLT arts. 443 and 445). Put pay, hours and the applicable collective agreement in writing.
- 2. Set pay at or above the national minimum of R$1,621 and any higher floor in the category's collective agreement (Decreto nº 12.797 art. 1; CF art. 7 V).
- 3. Budget the full annual cost: 13 salaries, the one third vacation bonus, 8 percent FGTS and 21 to 23 percent employer social security, plus third party levies (see Payroll taxes).
- 4. Each month withhold employee social security by band up to R$8,475.55 and deposit FGTS by the 20th (Portaria Interministerial MPS/MF nº 13/2026; Lei nº 8.036 art. 15).
- 5. Pay the first half of the 13th salary between February and November and the balance by 20 December (Lei nº 4.749 arts. 1 and 2).
- 6. Before mid December 2026, redesign rosters for 42 hours and 2 rest days, review collective clauses on hours, and plan the step to 40 hours by mid December 2027 (EC nº 141 arts. 3 and 6).
- 7. Once headcount reaches 100, check the disability quota and start the six monthly salary transparency reports; check apprentice quotas at every establishment (Lei nº 8.213 art. 93; Lei nº 14.611 art. 5; CLT art. 429).
- 8. When outsourcing, choose a provider with adequate capital, keep its workers on the contracted tasks, withhold 11 percent on labor supply invoices and monitor the provider's payroll compliance (Lei nº 6.019 arts. 4-A and 5-A; Lei nº 8.212 art. 31).
- 9. On termination, calculate notice by years of service, deposit the FGTS fine, record the end in the work card, notify the authorities and pay within 10 days (Lei nº 12.506; Lei nº 8.036 art. 18; CLT art. 477).
Common traps
- Budgeting the salary only. The 13th salary, vacation bonus, FGTS and employer social security add about 44 percent to 12 monthly salaries before third party levies (Lei nº 4.090; CF art. 7 XVII; Lei nº 8.036 art. 15; Lei nº 8.212 art. 22).
- Turning employees into contractors. A company whose owners worked for the client in the last 18 months cannot be engaged as the service provider, and a dismissed employee cannot come back through an outsourcer for 18 months (Lei nº 6.019 arts. 5-C and 5-D).
- Ignoring the outsourcer's payroll. The client is subsidiarily liable for the provider's labor debts for the service period and must withhold 11 percent on labor supply invoices (Lei nº 6.019 art. 5-A § 5; Lei nº 8.212 art. 31).
- Cutting pay to match the shorter week. EC nº 141 forbids any nominal or proportional salary reduction when hours fall to 42 and then 40, including for salary floors (arts. 2 and 4).
- Relying on old roster clauses. Collective clauses on hours and weekly rest that conflict with EC nº 141 lose effect two months after its publication on 16 October 2026 (art. 3).
- Paying termination amounts late. Missing the 10 day deadline adds a fine of one month's salary to the employee plus an administrative fine (CLT art. 477 §§ 6 and 8).
- Dismissing a quota employee without a replacement. A worker with a disability or a rehabilitated worker may be dismissed without cause only after another in the same condition is hired (Lei nº 8.213 art. 93 § 1).
- Deducting union dues by default. Deduction needs the employee's prior and express authorization (CLT art. 579).
- Assuming an individual contract can waive anything. Even the high earner individual agreement works only on art. 611-A subjects, and no agreement can cut FGTS or the 50 percent overtime premium (CLT arts. 444 and 611-B).
- Posting staff from Argentina, or to Argentina, beyond 12 months. Home country social security cover under the Mercosur agreement lasts 12 months unless the host authority consents in advance to an extension (Decreto nº 5.722, agreement art. 5(a)); the Argentine side follows its own labor and payroll rules (see The Argentine Thread guide).
Sources
- Constituição Federal de 1988, art. 7, Planalto
- Emenda Constitucional nº 141 of 16 October 2026 (working hours and weekly rest), Planalto
- Consolidação das Leis do Trabalho, Decreto-Lei nº 5.452 of 1 May 1943 (compiled text), Planalto
- Decreto nº 12.797 of 23 December 2025 (2026 minimum wage), Planalto
- Lei nº 4.090 of 13 July 1962 (13th salary), Planalto
- Lei nº 4.749 of 12 August 1965 (13th salary payment), Planalto
- Lei nº 8.036 of 11 May 1990 (FGTS, consolidated), Planalto
- Lei nº 8.212 of 24 July 1991 (social security funding, consolidated), Planalto
- Lei nº 8.213 of 24 July 1991 (social security benefits, consolidated), Planalto
- INSS, monthly contribution table 2026 (Portaria Interministerial MPS/MF nº 13 of 9 January 2026)
- Lei nº 12.506 of 11 October 2011 (proportional notice), Planalto
- Lei nº 13.467 of 13 July 2017 (labor reform), Planalto
- Lei nº 6.019 of 3 January 1974 (temporary work and outsourcing), Planalto
- Lei nº 13.429 of 31 March 2017 (outsourcing), Planalto
- Lei nº 14.611 of 3 July 2023 (equal pay), Planalto
- Decreto nº 5.722 of 13 March 2006 (Mercosur Multilateral Social Security Agreement), Planalto
- Ministério do Trabalho e Emprego, Congress promulgates amendment reducing working hours and setting two paid rest days, 16 October 2026
- Banco Central do Brasil PTAX exchange rates
Related pages
- taxes/payroll-taxes
- entities/choosing-an-entity
- start/start-here
- investing/foreign-investment-regime
- fx/fx-regime-and-repatriation
- macro/economy-at-a-glance
- /country/brazil/
- /calendar/
- /dashboard/
- https://theargentinethread.com/guide/
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