85.5
81.5
77
Approaching Access to Decent Work
100
100
100
50
100
100
100
80
75
50
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the legislation or collective negotiation set and determine the minimum wages in the country? | Yes | 1 | §76, 82, 120 & 192-193 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law require regular and timely payment of wages? | Yes | 1 | §459 & 763-467 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law require overtime compensation to be at least 125% of the regular hourly rate? | Yes | 1 | §7(XIV) of the Constitution of Brazil, 1988; §58-65 of the Consolidated Labour Laws (Law No. 5.452 of 1943) | No Change |
| Does the law require any additional compensation for working on a weekly rest day? | Yes | 1 | §70 of the Consolidated Labour Laws (No. 5452 of 1943); §8-9 of the Law No. 605 of 1949 | No Change |
| Does the law require additional compensation for night work? | Yes | 1 | §7(IX) of the Constitution of Brazil, 1988; §73 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law stipulate general weekly working hours as 48 hours or lower? | Yes | 1 | §7(XIV) of the Constitution of Brazil, 1988; §58-65 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law restrict maximum working hours, including overtime, to 56 hours per week? | Yes | 1 | §7(XIV) of the Constitution of Brazil, 1988; §58-65 of the Consolidated Labour Laws (Law No. 5.452 of 1943) | No Change |
| Does the law require a paid weekly rest of at least 24 consecutive hours? | Yes | 1 | §7(XV) of the Constitution of Brazil, 1988; §66-70 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law require paid public holidays? | Yes | 1 | §2 of the Law No. 9.903 of 1995; Law No. 662 of 1949 | No Change |
| Does the law require at least three working weeks of paid annual leave? | Yes | 1 | §7(XVII) of the Constitution of Brazil, 1988; §129-142 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a written employment contract or employment particulars to be given to a worker on commencement of employment? | Yes | 1 | §13, 41 & 442-456 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law restrict the hiring of fixed-term contract workers? | Yes | 1 | §442-B, 443-451 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law limit the length of the probation period, including renewals, to three months? | Yes | 1 | §445 & 451 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law require a 30-day notice period before employment contract termination? | Yes | 1 | §487 of the Consolidated Labour Laws (No. 5452 of 1943); Law No. 12.506 of 2011 | No Change |
| Does the law require severance pay at the rate of at least two weeks of wages for every year of service? | Yes | 1 | §477-500 of the Consolidated Labour Laws (No. 5452 of 1943); §18 of the Law No. 8.036 of 1990 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require a four-month parental leave for parents? | No | 0 | Law No. 12,873 of October 24, 2013 | No Change |
| Does the law require at least one week of paid paternity leave for fathers*? | Yes | 1 | §7(XIX) of the Constitution of Brazil, 1988; Law No. 11.770 of 2008 | No Change |
| Does the law require flexible working arrangements* for workers with family responsibilities? | No | 0 | No applicable legal provisions could be located | No Change |
| Does the law require paid nursing breaks? | Yes | 1 | §389 & 396 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit inquiring about pregnancy during recruitment? | Yes | 1 | §2 of the Law No. 9.029 of 1995 | No Change |
| Does the law require maternity leave of at least 14 weeks? | Yes | 1 | §392 & 473 of the Consolidated Labour Laws (No. 5452 of 1943); Law No. 11.770 of 2008 | No Change |
| Does the law require cash maternity benefits to be at least two-thirds (66.67%) of a worker's former wage? | Yes | 1 | §393 of the Consolidated Labour Laws (No. 5452 of 1943); §93(1-5), 100-101 & 195 of the Decree No. 3.048 of 1999 | No Change |
| Does the law require cash maternity benefits to be paid through a contributory social insurance or a universal benefits system or such benefits are an employer's liability? | Yes | 1 | §393 of the Consolidated Labour Laws (No. 5452 of 1943); §93(1-5), 100-101 & 195 of the Decree No. 3.048 of 1999 | No Change |
| Does the law protect workers from dismissals during or on account of pregnancy? | Yes | 1 | §373(A) & 391 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require employers to provide free personal protective equipment to workers? | Yes | 1 | §158, 166-167 & 389 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law require employers to train workers on health and safety Issues? | Yes | 1 | §157-158 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law restrict work that is prejudicial to the health of the mother or the child? | Yes | 1 | §392(4)(II) & 394(A) of the Consolidated Labour Laws (Law No. 5,452 of 1943 & Law No. 13,287, of 2016) | No Change |
| Does the law provide for employment injury benefits in the event of an occupational accident or disease? | Yes | 1 | Decreto n° 3048, de 6 de Maio de 1999; Law No. 7.855 of October 24, 1989; Decree -Law No. 229 of 1967 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law provide for an old age benefit? | Yes | 1 | §39, 51-64 & 188 of the Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil | No Change |
| Does the law provide for survivors' benefits? | Yes | 1 | §39 & 105-115 of the Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil | No Change |
| Does the law provide for unemployment benefits? | Yes | 1 | Lei n° 7.998, de 11 Janeiro de 1990; ISSA Country Profile for Brazil | Score adjusted due to a minor revision in methodology |
| Does the law require paid sick leave (and sickness benefits) for the first six months of sickness? | Yes | 1 | §59-63 of the Law No. 8.213 of 1991; ISSA Country Profile for Brazil | Score adjusted due to a minor revision in methodology |
| Does the law provide for invalidity benefits? | Yes | 1 | §29, 32, 39 & 43-50, Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law require equal remuneration for men and women workers for work of equal value? | No | 0 | §7(XXX) of the Constitution of Brazil, 1988; §5 & 461-462 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law prohibit sexual harassment in employment? | Yes | 1 | §483(1)(b & d) of the Consolidated Labour Laws (No. 5452 of 1943); §932 of the Civil Code; §216 of the Criminal Code | No Change |
| Does the law prohibit discrimination in employment matters? | Yes | 1 | §5, 373(A) & 461-462 of the Consolidated Labour Laws (No. 5452 of 1943); §1 & 2 of the Law No. 9.029 of the 1995 | No Change |
| Does the law allow women to do the same job as men? | Yes | 1 | §198, 381 & 390 of the Consolidated Labour Laws (No. 5452 of 1943) | No Change |
| Does the law guarantee basic labour protection to the platform workers? | Yes | 1 | Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law prohibit the employment of children? | Yes | 1 | §402-414, Consolidated Labour Laws 1943; §60-69, Child & Adolescent Law 8.069 of 1990 | No Change |
| Does the law set employment entry age equal to or higher than the compulsory schooling age? | No | 0 | §4 of the National Education Law, 1996 | No Change |
| Does the law prohibit the employment of young persons in hazardous work under the age of 18 years? | Yes | 1 | §2 of the Hazardous Work List (Decree No. 6.481 of 2008) | No Change |
| Does the law prohibit forced labour? | Yes | 1 | §149 & 149-A of the Penal Code, 1940 | No Change |
| Question | Answer | Score | Legal Basis | Trend |
|---|---|---|---|---|
| Does the law allow workers to form and join unions of their own choice? | No | 0 | §516, Consolidated Labour Laws (No. 5452 of 1943); ITUC Global Rights Index 2024 (Brazil Profile); USDOS CRHRP 2023 (Brazil) | No Change |
| Does the law allow workers to bargain collectively with employers through their representative unions? | Yes | 1 | CEACR, C98, Obs. 2023; ITUC Global Rights Index 2024 (Brazil Profile) | No Change |
| Does the law provide the right to strike? | No | 0 | §10 of the Law No. 7.783 of 1989 | No Change |
| Does the law prohibit imposing excessive sanctions against striking workers, including replacement of such workers? | Yes | 1 | §7 of Law No. 7.783 of 1989; USDOS CRHRP 2023 (Brazil) | No Change |