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Temporary staff and outsourcing: strict time limits and quarantines

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

Abroad, agency staff and contractors can often be used for long periods or through an employer of record; in Brazil a temporary worker can serve the same client for at most 180 days plus 90, and then only after a 90 day gap. Outsourcing of any activity, including the core business, is lawful, but the provider needs minimum capital, the client is secondarily liable for labor debts, and former employees face an 18 month quarantine. Whether hiring individuals through their own companies (pejotização) is lawful is pending at the Supreme Court in Theme 1389.

USD figures use the Banco Central do Brasil PTAX selling rate of R$5.3346 per US dollar for 27 October 2026. Conversions are for orientation only.

Key facts

Maximum temporary contract with the same client	180 daysLei nº 6.019 art. 10 § 1, as of 2026-10-27 · in force
Maximum extension of a temporary contract	90 daysLei nº 6.019 art. 10 § 2, as of 2026-10-27 · in force
Gap before the same temporary worker returns to the client	90 daysLei nº 6.019 art. 10 § 5, as of 2026-10-27 · in force
Minimum capital of a temporary work agency	100000 BRLLei nº 6.019 art. 6 item III, as of 2026-10-27 · in force
Outsourcing of core activities allowed	Yes Lei nº 6.019 art. 4-A, as of 2026-10-27 · in force
Quarantine for former employees as contractors	18 monthsLei nº 6.019 arts. 5-C and 5-D, as of 2026-10-27 · in force
Client liability for provider labor debts	Secondary (subsidiary) Lei nº 6.019 art. 5-A § 5, as of 2026-10-27 · in force
STF Theme 1389 on hiring contractors through companies	Merits pending STF ARE 1.532.603, as of 2026-10-27 · pending

The rule

1. Temporary work is work by an individual hired by a registered temporary work agency and placed with a client to replace permanent staff transitionally or to meet complementary demand (unforeseeable, or foreseeable but intermittent, periodic or seasonal). It may not replace striking workers save as allowed by law, and may cover support and core activities.
Cost to do it: The agency's fee; the agency employs and pays the worker.
Example: A retailer brings in temporary staff for the Christmas peak, a seasonal demand. / No statutory US dollar amount.Lei nº 6.019 of 3 January 1974, as worded by Lei nº 13.429 of 31 March 2017, Art. 2 caput and §§ 1 and 2; art. 9 § 3, 2017-03-31 official text · verified 2026-10-27

2. A temporary contract with the same client may not exceed 180 days, consecutive or not, extendable by up to 90 days if the conditions persist. The same worker can be placed again with that client only 90 days after the previous contract ended; earlier placement creates an employment relationship with the client. The client is secondarily liable for labor obligations for the period, and jointly liable for social security, pay and indemnity if the agency goes bankrupt.
Cost to do it: Exposure to the worker's full labor claims if the agency does not pay.
Example: Maximum 270 days with one client, then a 90 day gap before the same worker returns. / No statutory US dollar amount.Lei nº 6.019 of 3 January 1974, art. 10 added by Lei nº 13.429 of 31 March 2017; art. 16, Art. 10 §§ 1, 2, 5, 6 and 7; art. 16, 2017-03-31 official text · verified 2026-10-27

3. A temporary work agency must be registered with the Ministry of Labor, hold a CNPJ, be registered with the commercial registry and have share capital of at least R$100,000.
Cost to do it: R$100,000 minimum capital for the agency.
Example: Check the agency's registration and capital before signing. / About US$18,746 of capital.Lei nº 6.019 of 3 January 1974, art. 6 as worded by Lei nº 13.429 of 31 March 2017, Art. 6 items I to III, 2017-03-31 official text · verified 2026-10-27

4. Outsourcing (services to third parties) may cover any activity of the client, including its main activity, to a private company with economic capacity compatible with the work; no employment relationship arises between the provider's workers and the client. The provider needs a CNPJ, commercial registration and minimum capital by headcount: R$10,000 up to 10 employees, R$25,000 up to 20, R$45,000 up to 50, R$100,000 up to 100 and R$250,000 above 100.
Cost to do it: Provider capital of R$10,000 to R$250,000 by headcount.
Example: A cleaning contractor with 30 employees must have at least R$45,000 of capital. / About US$8,435.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; art. 4-B added by Lei nº 13.429 of 31 March 2017, Art. 4-A caput and §§ 1 and 2; art. 4-B; art. 5-A caput, 2017-07-13 official text · verified 2026-10-27

5. The client is secondarily liable for labor obligations for the period of the services and must ensure safety and hygiene where work is on its premises. Outsourced workers on the client's premises get the same canteen, transport, on site medical care and safety conditions as the client's employees; equal pay is optional by contract.
Cost to do it: Monitoring the provider's payroll and social security compliance.
Example: The client checks monthly that the contractor has paid salaries and FGTS for staff on site. / No statutory US dollar amount.Lei nº 6.019 of 3 January 1974, art. 4-C added by Lei nº 13.467 of 13 July 2017; art. 5-A §§ 3 and 5 added by Lei nº 13.429 of 31 March 2017, Art. 4-C; art. 5-A §§ 3 and 5, 2017-07-13 official text · verified 2026-10-27

6. A company may not hire as provider a legal entity whose owners or partners worked for the client in the previous 18 months as employees or without employment ties, unless retired; and a dismissed employee cannot work for the same company as an employee of a provider for 18 months after dismissal.
Cost to do it: No fee; the restriction blocks converting staff into contractors.
Example: An employee dismissed in January 2027 cannot return through a contractor before July 2028. / No statutory US dollar amount.Lei nº 6.019 of 3 January 1974, arts. 5-C and 5-D added by Lei nº 13.467 of 13 July 2017, Arts. 5-C and 5-D, 2017-07-13 official text · verified 2026-10-27

7. The Supreme Court recognized general repercussion on 12 April 2025 in Theme 1389, on which court has jurisdiction and who bears the burden of proof in claims of fraud in civil or commercial service contracts, and on the lawfulness of hiring self employed workers or legal entities to provide services; the merits are pending.
Cost to do it: Legal uncertainty for contractor (PJ) models until the ruling.
Example: A company engaging developers through their own companies should expect the Theme 1389 ruling to set the test. / No statutory US dollar amount.STF, ARE 1.532.603 (Theme 1389), Theme 1389, 2025-04-12 official text · verified 2026-10-27

Provider employees	Minimum capital (BRL)	Minimum capital (USD)
Up to 10	R$10,000	US$1,875
11 to 20	R$25,000	US$4,686
21 to 50	R$45,000	US$8,435
51 to 100	R$100,000	US$18,746
Over 100	R$250,000	US$46,864

Minimum capital of an outsourcing provider (Lei nº 6.019 art. 4-B item III).

Worked example

A foreign software company wants to staff a Brazilian project for 12 months. Temporary agency staff can cover at most 270 days with the client (Lei nº 6.019 art. 10 §§ 1 and 2), so a 12 month need calls for direct hires or an outsourcing contract with a provider that employs the team. Moving its own dismissed employees to the provider is barred for 18 months (art. 5-D), and the company stays secondarily liable for the provider's labor debts (art. 5-A § 5).

Step by step

1. Classify the need: replacement or complementary demand (temporary work), an ongoing service (outsourcing) or a permanent role (direct hire).
2. Check the agency's Ministry of Labor registration and R$100,000 capital, or the provider's capital band.
3. Sign a written contract stating the reason, term and value (Lei nº 6.019 arts. 9 and 5-B).
4. Track days per temporary worker and the 90 day gap.
5. Monitor providers' payroll and FGTS compliance each month.
6. Screen providers' owners for the 18 month quarantine.

Common traps

Placing the same temporary worker again within 90 days creates an employment relationship with the client (Lei nº 6.019 art. 10 § 6).
The CLT probation contract cannot be used for a temporary worker hired by the client (art. 10 § 4).
Using outsourced workers in activities other than those contracted is prohibited (art. 5-A § 1).
Contracting former staff through their own companies within 18 months is barred (art. 5-C), and the wider PJ question awaits STF Theme 1389.

Sources

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