Work Visas, Work Permits & Employment Contracts in Brazil

There are numerous types of visas and permits available allowing foreigners to work in Brazil. In addition, there are various types of job contracts, including: the general work contract, the part-time work contract and the contract for a pre-established time period. 

Any foreigner wishing to work in Brazil must have either Brazilian residency or a work visa. 

• For information on Residency in Brazil, see the AngloINFO INFOrmation page, Permanent Residency in Brazil

Work Permits and Work Visas

All foreigners wishing to visit Brazil must have a passport (valid for at least six months after the date of arrival) and depending on their nationality, a visa. For most nationalities this is a simple formality involving ticking the relevant box on the visa application form the flight attendant provides before landing in Brazil. The notable exception to this however is for citizens of the United States who must apply for the relevant visa prior to travelling to Brazil.

However, anybody intending to involve themselves in any form of remunerated employment in Brazil needs a work permit (Autorização de de Trabalho) and anyone applying for such a document must also obtain the appropriate immigration visa (Vista) which is applicable to their individual case. Work visas are issued by the Consular post of the applicant's country of legal residence under the authority of the Brazilian Ministry of Foreign Affairs (Ministério das Relações Exteriores). 

Work Visas

In general, work visas and work permits will only be issued to employees of Brazilian registered companies subject to local tax and labour regulations. This means that no one may work in Brazil whilst being paid by a company which is registered outside Brazil. 

In order to obtain a work visa, a work permit application must be sent to the local Ministry of Labour and Employment (Ministério do Trabalho e Emprego) office by the company wishing to employ the foreigner. Once the application has been approved, the approval is published in the Diario Oficial (Brazilian legal newspaper) and sent to the Ministry of Foreign Affairs. The Ministry of Foreign Affairs will then authorise the Consulate or Embassy to begin to process the work visa.

There are many different sub-categories for work visas which largely depend upon the type of work which is to be done. However, the most common types of work visa are:

Permanent Visa (Vista Permanente):

This five-year visa is granted directly to a company administrator or someone who is directly responsible for final decisions regarding the running of the company and the signing of documents.

The foreign-based company for whom this individual works must be investing or be preparing to invest, through its Brazilian-registered branch, a minimum of US$200,000 in the country.

The company employing the person to whom this visa is issued must prove that they intend paying the employee a salary that is at least equivalent to that which he would be earning for the same duties in his native country.

Permanent Visa for Investors (Vista Permanente por Investidor):

This visa is granted to individuals intending to invest a minimum of US$150,000 in Brazilian-based business enterprises. This is the only instance whereby a visa can be issued to an individual without proof that his salary will be paid by a Brazilian-registered company.

Once the individual is in Brazil, he will be expected to follow all the guidelines established for the foundation of a company. 

• See the AngloINFO INFOrmation page, Starting a Business in Brazil

Temporary Visa with a company tie (Visto Temporario V):

This visa is granted to an individual whose qualifications and/or experience clearly demonstrate that his skills set is unique and there is no Brazilian citizen who can assume the role he is intended to perform in the country. This requirement will be rigorously investigated by the Ministry of Labour and Employment (Ministério do Trabalho e Emprego).

Due to this stipulation, this visa is usually issued to technicians or skilled workers employed by a foreign-based company with activities in Brazil.

The visa is issued for an initial period of two years with the option to extend it for another two years should the need arise. Following this four-year period, the company has the option of applying for the visa to become permanent.

Temporary Visa without a direct company tie (Visto Temporario III):

Contrary to the suggestion in the name of this visa, a company must be involved in obtaining this visa and it is the company that applies for the visa.

This visa is designed for companies intending to contract hire an individual the company can prove has unique skills and for which there is no Brazilian citizen able to perform the same tasks. However, the worker is neither a direct employee of a Brazilian company or of an overseas-based company with a Brazilian-based branch, rather he will be an independent, overseas-based individual, contracted to attend to a specific need that may have arisen.

Due to this stipulation, this visa is usually issued to foreign technicians or skilled workers who will be employed by a Brazilian company to attend to specialist equipment or a particular stage in a project.

The visa validity periods are the same as those for foreigners with company ties.

Work Permits

The different types of work permit available relate directly to the different types of work visa available. Once the visa has been issued by the Ministry of Foreign Affairs, the company contracting the foreigner will start the work permit application process with the Ministry of Labour and Employment in Brasília. 

The issuance of each permit requires the submission of an extensive range of documents and forms.

Examples of documents that may be requested include:

• Work permit application form
• Applicant and candidate form (any type of remuneration received abroad must be submitted to the Brazilian Revenue Service)
• Copy of the applicant's foreign passport identification page(s) showing the passport number, name, date of birth, nationality and photograph
• Employment contract
• Proof of education, qualifications and professional experience
• Copy of the Brazilian Federal Tax Number (Cadastro Nactional de Pessoa Juridica - CNPJ)
• Signed document from the applicant stating that full responsibility will be taken for all medical and hospital expenses incurred by the foreign citizen or their dependants during their stay in Brazil

• Signed document from the applicant firm confirming responsibility for the repatriation of the foreign citizen as well as their dependants after the end of the stay

• Information on the locations (including addresses) where the foreigner will work

• Proof of payment of individual immigration tax for the foreigner and each of their dependants

• Officially delegated power of attorney

Any documents that are not in Portuguese must be authenticated at the Brazilian Consulate or Embassy of the applicant's home country, and then translated by an authorised translator in Brazil.

• For comprehensive information on the different documents required for each work permit as well as a procedure guide: Click here (PDF)
• To check the status of an application for a work permit: Click here and enter the process protocol number

Once all the appropriate documents have been submitted to the Ministry of Labour the work permit is issued within 30 days.

Brazilian Job Contracts

Brazilian labour law is governed by the Federal Constitution, the Consolidation of Labour Laws (Consolidação das Leis do Trabalho) and the Civil Code which means that the area is extremely complex. Labour rights may also be regulated by collective agreements within a company. The law essentially favours the employee and workers have basic rights granted by the Brazilian Federal Constitution; for example minimum wage, maternity leave, risk premiums, family allowance and overtime compensation.

Types of work contract

A work contract does not have to be in a written form and an oral agreement is acceptable.

The most common form of contract is the General Work Contract (Contrato de Trabalho) which covers any and every type of job. This establishes that an employee should work eight hours a day, plus four hours on Saturday, to make up a 44 hour working week and that this arrangement should continue for an unspecified period of time.

The contract defines that the employee should have eight percent of their monthly remuneration paid into a government-controlled bank fund called the Fundo de Garantia de Tempo de Serviço - FGTS, upon which they can draw in the event of unemployment, illness or even to finance property purchase. It also ensures the employee the right to thirty days of paid vacation, as well as their monthly salary plus one third again, per calendar year, and a 13th salary on top of the twelve monthly salaries they earn throughout the year.

The Part-Time Work Contract (Contrato de Trabalho de Tempo Parcial) stipulates that the employee can only work up to 25 hours per week. Overtime is prohibited and there are special rules for vacations.

There is also a Contract for a Pre-Established Time Period (Contrato de Trabalho por Prazo Determinado). This contract is applied where the nature or character of the job suggests that the employee’s services will not be required after a certain, pre-established period of time.

This type of contract can also be used to employ someone on a temporary basis in order to decide whether they are suitable or not. The maximum period for which this type of contract can be implemented is two years, unless it is engaged in order to try someone out as mentioned above, in which case the limit is 90 days.

The only real difference between the employee’s rights under a Pre-Established Time Period Contract and under a General Work Contract is that under the first type, the employee suffers no penalty in terms of the amount to which they are entitled to from the FGTS fund upon termination of the contract at the end of the term. The employee’s rights to the 13th salary and holidays are calculated in proportion to the amount of time worked.

Due to the fact that Brazilian labour law tends to favour the employee, theoretically, if someone starts providing a service on a regular basis for another person or company, even though they have not necessarily been invited to do so, they have full employment rights and can demand such under the law, even though no work contract of any sort has been signed. Because of the law’s umbrella coverage and defence of the worker, there is therefore no set list of defined items which have to be included in a contract.

Related Information

• Ministry of Labour and Employment 
• Ministry of Foreign Affairs
• Information on temporary employment in Brazil from the Brazilian Government website
• See the AngloINFO INFOrmation Page, The RNE in Brazil: Registro Nacional de Estrangeiros
• See the AngloINFO INFOrmation Page, Extending a Tourist Visa in Brazil
• See the AngloINFO INFOrmation Page, Permanent Residency in Brazil