LRI 2022 Brazil - CLR

Brazil

2022 Score

81.5

Score Increase

2020 Score

75

Rating

Approaching
Decent Work

Fair
Wages

100

Decent
Working Hours

100

Employment
Security

100

Family
Responsibilities

50

Maternity
at Work

100

Safe
Work

100

Social
Security

60

Fair
Treatment

80

Child &
Forced Labour

75

Trade
Union

50

Fair Wages

Question	Answer	Score	Legal Basis
Does the law prescribe minimum wage rates in the country?	Yes	1	§76, 82, 120 & 192-193 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law require regular payment of wages?	Yes	1	§459 & 763-467 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law require overtime compensation 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)
Does the law require 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
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)

Decent Working Hours

Question	Answer	Score	Legal Basis
Does the law stipulate general 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)
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)
Does the law require a weekly rest of at least 24 hours?	Yes	1	§7(XV) of the Constitution of Brazil, 1988; §66-70 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law require paid public holidays?	Yes	1	§2 of the Law No. 9.903 of 1995; Law No. 662 of 1949
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)

Employment Security

Question	Answer	Score	Legal Basis
Does the law require written employment contracts or at least written employment particulars?	Yes	1	§13, 41 & 442-456 of the Consolidated Labour Laws (No. 5452 of 1943)
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)
Does the law limit the length of probation period including renewals to a maximum of 3 months?	Yes	1	§445 & 451 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law require a 30-day notice before contract termination?	Yes	1	§487 of the Consolidated Labour Laws (No. 5452 of 1943); Law No. 12.506 of 2011
Does the law require severance pay at the rate of at least 2 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

Family Responsibilities

Question	Answer	Score	Legal Basis
Does the law require parental leave for parents?	No	0	Law No. 12,873 of October 24, 2013
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
Does the law require flexible work arrangements for workers with family responsibilities?	No	0	No applicable legal provisions could be located
Does the law require paid nursing breaks?	Yes	1	§389 & 396 of the Consolidated Labour Laws (No. 5452 of 1943)

Maternity at Work

Question	Answer	Score	Legal Basis
Does the law prohibits inquiring about pregnancy during recruitment?	Yes	1	§2 of the Law No. 9.029 of 1995
Does the law require paid 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
Does the law require cash maternity benefit be at least 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
Does the law require maternity benefit be paid through contributory social insurance or universal benefits system?	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
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)

Safe Work

Question	Answer	Score	Legal Basis
Does the law require provision of free personal protective equipment to workers from employer?	Yes	1	§158, 166-167 & 389 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law require the employer to train workers on health and safety issues?	Yes	1	§157-158 of the Consolidated Labour Laws (No. 5452 of 1943)
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)
Does the law provide for employment injury benefit?	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

Social Security

Question	Answer	Score	Legal Basis
Does the law provide for an old age pension?	Yes	1	§39, 51-64 & 188 of the Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil
Does the law provide for a dependants'/survivors' pension?	Yes	1	§39 & 105-115 of the Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil
Does the law provide for unemployment benefit?	No	0	Lei n° 7.998, de 11 Janeiro de 1990; ISSA Country Profile for Brazil
Does the law require paid sick leave for the first 6 months of sickness?	No	0	§59-63 of the Law No. 8.213 of 1991; ISSA Country Profile for Brazil
Does the law provide for invalidity benefit?	Yes	1	§29, 32, 39 & 43-50, Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil

Fair Treatment

Question	Answer	Score	Legal Basis
Does the law require equal remuneration 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)
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
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
Does the law allow women to do the same jobs as men?	Yes	1	§198, 381 & 390 of the Consolidated Labour Laws (No. 5452 of 1943)
Does the law guarantee basic labour protections for gig economy workers?	Yes	1	Decreto n° 3048, de 6 de Maio de 1999; ISSA Country Profile for Brazil

Child & Forced Labour

Question	Answer	Score	Legal Basis
Does the law prohibit employment of children?	Yes	1	§402-414, Consolidated Labour Laws 1943; §60-69, Child & Adolescent Law 8.069 of 1990
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
Does the law prohibit the employment of children in hazardous work under the age of 18 years?	Yes	1	§2 of the Hazardous Work List (Decree No. 6.481 of 2008)
Does the law prohibit forced labour?	Yes	1	§149 & 149-A of the Penal Code, 1940

Trade Union

Question	Answer	Score	Legal Basis
Does the law allow workers to form and join unions of their own choice?	No	0	§8, Constitution of Brazil, 1988; §511-516, Consolidated Labour Laws (No. 5452 of 1943)
Does the law allow workers to bargain collectively with employers through their representative unions?	Yes	1	§8(IV), Constitution of Brazil, 1988; §442-B, 611- 625, Consolidated Labour Laws (No. 5452 of 1943); CEACR C98 Obs. 2020
Does the law provide for the right to strike?	No	0	§9 & 37(VII) of the Constitution of Brazil, 1988; §10 of the Law No. 7.783 of 1989
Does the law prohibit employers from terminating employment contracts of striking workers?	Yes	1	§9 & 37(VII) of the Constitution of Brazil, 1988; §7 of Law No. 7.783 of 1989