Does a Brazilian employment contract have to be in writing?

Not strictly. The Consolidation of Labour Laws (CLT) recognises even an oral or implied employment contract, but a written contract in Portuguese is the practical standard and is strongly advised for clarity and compliance. More important than the written contract itself are the formalities around it: the employment must be registered in the work and social security card (CTPS, now largely digital) from the first day, and monthly FGTS severance-fund deposits must begin from the first month. These steps, not just the signed contract, establish a compliant employment relationship.

How long can a trial period be in Brazil?

A trial contract (contrato de experiencia) is capped at 90 days and can be renewed once within that total, so it cannot exceed 90 days in all. A trial period is not mandatory, and an employer can hire directly on an open-ended contract. If the employment continues past the trial window, it automatically converts into an open-ended contract. If a trial contract is used, it should be in writing, signed by both parties, and recorded in the CTPS along with the rest of the employment.

How does aviso previo (notice) work in Brazil?

The base notice period (aviso previo) is 30 days. For a dismissal by the employer without cause, Law 12.506/2011 adds three days of notice for each year of service, up to a total of 90 days. Courts have treated this proportional increase as a right in favour of the employee, so an employee who resigns generally owes only the base 30 days rather than the increased period. Notice can be worked or paid in lieu, and dismissal without cause also triggers other costs such as the FGTS fine.

What are the main costs of dismissing an employee in Brazil?

Dismissal without cause is the most expensive route. It typically triggers a fine on the FGTS balance, commonly 40 percent, paid by the employer, plus the aviso previo (30 days, increased with service up to 90 days), accrued and proportional holiday pay with the one-third holiday bonus, and the proportional 13th-month salary. The exact amounts depend on length of service and the category collective agreement. Dismissal for just cause and resignation carry different and generally lower costs, so the type of termination matters a great deal.

What working time rules apply in Brazil?

The standard limit under the CLT is 44 hours per week and 8 hours per day. Overtime is paid at a premium of at least 50 percent over the normal hourly rate on ordinary days, with higher premiums for work on Sundays and public holidays. Employees are also entitled to paid annual leave with a holiday bonus of one third of salary, and to a 13th-month salary. Category collective agreements can set more favourable terms, so the applicable agreement should be checked alongside the CLT.

contracts

Employment contract in Brazil: Template, Key Clauses and Local Law (2026)

Adira EditorialLegal AI desk12 October 20265 min read

What a Brazilian employment contract is, and the law behind it Employment in Brazil is governed mainly by the Consolidation of Labour Laws (Consolidacao das Leis do Trabalho, the CLT, Decree-Law 5.452/1943), a protective code that sets out most of the rights an employee cannot waive. The CLT recognises even an oral or implied contract, but a written contract in Portuguese is the practical standard and is strongly advised for clarity and compliance. Several formalities sit around the contract. The employment must be recorded, traditionally in the work and social security card (Carteira de Trabalho e Previdencia Social, the CTPS, now largely digital), from the first day. The employer must also make monthly deposits to the employee's severance fund (Fundo de Garantia do Tempo de Servico, the FGTS). These, together with paid annual leave, the 13th-month salary and limits on working time, are core features of Brazilian employment. This article is general guidance, not legal advice. Have a Brazilian labour lawyer review a contract before you rely on it. ## What Brazilian law requires in 2026 - Registration from day one. The employment must be recorded in the CTPS (now largely digital) at the start, and FGTS deposits begin from the first month.

Trial period (contrato de experiencia). A trial contract is capped at 90 days and can be renewed once within that total. It is not mandatory; an employer can hire directly on an open-ended contract. If employment continues past the trial window, it converts to an open-ended contract.
Working time. The standard limit is 44 hours per week and 8 hours per day, with overtime paid at a premium of at least 50 percent on normal days, and more on Sundays and holidays.
13th-month salary and leave. Employees are entitled to a 13th-month salary and to paid annual leave with a holiday bonus of one third of salary.
Notice (aviso previo). The base notice is 30 days. For dismissal by the employer without cause, Law 12.506/2011 adds three days per year of service, up to a total of 90 days. The proportional increase is an employee-side right, so an employee who resigns generally owes the base 30 days.
Termination costs. Dismissal without cause triggers a fine on the FGTS balance (commonly 40 percent), plus accrued and proportional holiday pay with the one-third bonus and the proportional 13th salary.
Language. Portuguese is the practical standard for the contract and the official records. ## Brazilian employment contract template Copy the block below and fill the bracketed fields. Keep it in Portuguese, and register the employment in the CTPS from the first day. ``` EMPLOYMENT CONTRACT (CONTRATO DE TRABALHO) Made on [DATE] BETWEEN: [EMPLOYER NAME], [CNPJ] ("Employer") AND [EMPLOYEE NAME], [CPF, CTPS number] ("Employee") 1. TYPE AND TERM [Open-ended contract from [DATE] / Trial contract (contrato de experiencia) of up to 90 days, renewable once within that total, then open-ended if continued]. 2. POSITION AND DUTIES Position: [title, CBO code]. Duties: [summary]. Place of work: [location]. 3. WORKING HOURS [44 hours per week, 8 hours per day], with overtime paid at the statutory premium. 4. SALARY Monthly salary of [amount] BRL, paid by [date], not below the applicable minimum or category floor. 13th-month salary as required by law. 5. BENEFITS AND FGTS FGTS deposits from the first month. [Transport voucher, meal benefit and others as agreed or required.] 6. LEAVE Paid annual leave with a one-third holiday bonus, per the CLT. 7. NOTICE Aviso previo of 30 days, increased for employer dismissal without cause by 3 days per year of service up to 90 days, per Law 12.506/2011. 8. CONFIDENTIALITY AND OTHER TERMS The Employee keeps the Employer's information confidential. [Other terms as agreed and compliant with the CLT.] Signed: Employer ____________ Employee ____________ Name / date Name / date

- **Salary and 13th (clause 4).** State the monthly salary, which must respect the minimum wage or the category floor set by a collective agreement, and remember the mandatory 13th-month salary.
- **FGTS and benefits (clause 5).** FGTS deposits from the first month are mandatory, and several benefits may be required by law or a collective agreement, so check the category rules.
- **Notice (clause 7).** The base 30 days rises with service for an employer dismissal without cause, up to 90 days, under Law 12.506/2011, while an employee who resigns generally owes the base period. Tie the clause to the statute. ## Red flags to avoid - Failing to register the employment in the CTPS from day one, or missing FGTS deposits.
- A trial contract longer than 90 days or renewed more than once.
- Treating the proportional aviso previo as something the employer can demand from a resigning employee; the increase is an employee-side right.
- Ignoring the category collective agreement, which can set a higher salary floor and extra benefits.
- Forgetting the 13th-month salary, the holiday bonus or the FGTS fine on dismissal without cause.
- Using a civil service contract to disguise what is really employment, which can be reclassified. ## Where a contract workspace helps A template gives you a workable Brazilian employment contract. The ongoing work is registering the employment and FGTS on time, keeping the trial period within 90 days, applying the right aviso previo, and tracking notice and renewal dates across a team. Drafting or reviewing an employment contract, checking it against the CLT, editing a clause in plain language and tracking trial, notice and leave dates can sit in one AI contract workspace tuned to how your company hires. [Adira](https://adiralaw.com) is built around that shape: it drafts from a template, models the contract as linked clauses so it can flag a trial period over 90 days or a miscalculated aviso previo, lets you edit by instruction, and keeps key dates on one timeline. Adira is India-first today, and deeper Brazil-specific coverage is on its roadmap rather than a settled claim, so use it for drafting and review and keep a Brazilian labour lawyer for the local-law call. The template above is enough to start a fair contract on its own. Last verified October 2026.

Frequently asked questions

Does a Brazilian employment contract have to be in writing?: Not strictly. The Consolidation of Labour Laws (CLT) recognises even an oral or implied employment contract, but a written contract in Portuguese is the practical standard and is strongly advised for clarity and compliance. More important than the written contract itself are the formalities around it: the employment must be registered in the work and social security card (CTPS, now largely digital) from the first day, and monthly FGTS severance-fund deposits must begin from the first month. These steps, not just the signed contract, establish a compliant employment relationship.
How long can a trial period be in Brazil?: A trial contract (contrato de experiencia) is capped at 90 days and can be renewed once within that total, so it cannot exceed 90 days in all. A trial period is not mandatory, and an employer can hire directly on an open-ended contract. If the employment continues past the trial window, it automatically converts into an open-ended contract. If a trial contract is used, it should be in writing, signed by both parties, and recorded in the CTPS along with the rest of the employment.
How does aviso previo (notice) work in Brazil?: The base notice period (aviso previo) is 30 days. For a dismissal by the employer without cause, Law 12.506/2011 adds three days of notice for each year of service, up to a total of 90 days. Courts have treated this proportional increase as a right in favour of the employee, so an employee who resigns generally owes only the base 30 days rather than the increased period. Notice can be worked or paid in lieu, and dismissal without cause also triggers other costs such as the FGTS fine.
What are the main costs of dismissing an employee in Brazil?: Dismissal without cause is the most expensive route. It typically triggers a fine on the FGTS balance, commonly 40 percent, paid by the employer, plus the aviso previo (30 days, increased with service up to 90 days), accrued and proportional holiday pay with the one-third holiday bonus, and the proportional 13th-month salary. The exact amounts depend on length of service and the category collective agreement. Dismissal for just cause and resignation carry different and generally lower costs, so the type of termination matters a great deal.
What working time rules apply in Brazil?: The standard limit under the CLT is 44 hours per week and 8 hours per day. Overtime is paid at a premium of at least 50 percent over the normal hourly rate on ordinary days, with higher premiums for work on Sundays and public holidays. Employees are also entitled to paid annual leave with a holiday bonus of one third of salary, and to a 13th-month salary. Category collective agreements can set more favourable terms, so the applicable agreement should be checked alongside the CLT.

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Employment contract in Brazil: Template, Key Clauses and Local Law (2026)

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