Labor Law
Dismissed, working without a formal record or underpaid on severance?
Dismissal, unpaid severance, overtime, work without a formal employment record (carteira assinada), dismissal for cause and workplace accidents. Service for workers, including foreigners who work in Brazil, in person in Foz do Iguaçu and online throughout Brazil, in Portuguese or Spanish.
For workers
Dismissed or owed back pay and benefits?
The review starts with the documents: work record booklet (carteira de trabalho), pay slips, termination statement and messages with the company. With them it is possible to see what was paid incorrectly and what can still be claimed.
Severance paid late or incomplete
Overtime, night shift premium and the 6x1 schedule (six days on, one day off)
Work without a formal employment record (carteira assinada) and unregistered employment
Labor Lawsuits
From the labor claim to your pension
Work on the labor claim, at the hearings and on appeals. When the lawsuit recognizes wage amounts, such as overtime and premiums, they can also increase your pension.
Labor claims and appeals
Calculation of severance amounts and overtime
Pension review based on the labor claim. See pension review
The worker's side
Only on the worker's side
The law firm does not represent companies in labor lawsuits
Situations we handle
Dismissal, harassment, accidents and overtime
Service is only for people who worked: cases of dismissal without cause, workplace bullying (assédio moral), workplace accidents, unpaid overtime and being assigned duties outside your job (desvio de função).
How we work
Who reviews your case
The person you talk to is the lawyer himself
Deadlines explained
Dr. Jin tells you right at the start what the deadline in your case is and which rule applies to it.
Service by Dr. Jin
Dr. Jin himself reviews your case and explains the possible paths and the risks, before any engagement.
Postgraduate study in labor law
More than 18 years practicing law (admitted to the Brazilian Bar, OAB, in 2008), a postgraduate specialization in Labor Law (Damásio Educacional, 2011) and work from the trial courts up to the STJ (Brazil's Superior Court of Justice).
Questions
Answers to the most common questions from people who were dismissed or are owed back pay and benefits
I was dismissed without cause. What am I entitled to?
When you are dismissed without cause, you are entitled to: notice (worked or paid in lieu), the balance of your salary, accrued and proportional vacation plus one third, the proportional 13th salary (a mandatory year-end bonus), a fine of 40% on the FGTS (Brazil's severance fund that employers deposit into monthly), and the forms to withdraw the FGTS and claim unemployment insurance. The deadline to file with the Labor Court is 2 years after the end of the employment contract.
The company did not pay my severance within 10 days. What should I do?
Severance amounts must be paid within 10 days after the end of the contract. Late payment triggers a fine in the worker's favor equal to one month's salary, on top of the amount owed (CLT, Brazil's labor code, art. 477, §§ 6 and 8). As a rule, paying severance in installments is not allowed. Keep the termination statement and the receipts for what was paid.
I had a workplace accident. What are my rights?
If your leave lasts more than 15 days and the INSS (Brazil's social security agency) grants the accident related disability benefit, you have 12 months of job security after returning to work (Brazilian Law 8.213/91, art. 118, and Precedent 378 of the TST, Brazil's Superior Labor Court). Compensation for material and moral damages may also apply when the company is at fault. Each case needs to be reviewed with the documents.
Can I be dismissed while on medical leave?
While you are on leave through the INSS, the employment contract is suspended, and a dismissal without cause during that period has no effect. After you return, the protection depends on the case: after a workplace accident there are 12 months of job security, and in the case of a serious illness the dismissal may be considered discriminatory. When the dismissal is irregular, you can ask to be reinstated or to receive compensation.
What is dismissal for cause and how can it be challenged?
Dismissal for cause (justa causa) is dismissal due to serious misconduct by the employee, as listed in art. 482 of the CLT (negligence, insubordination, job abandonment, etc.). If it was applied improperly, it can be challenged in the Labor Court to convert it into a dismissal without cause and receive all the severance amounts owed.
I worked without a formal employment record. Do I have rights?
Yes. If there was work with set hours, a salary and subordination, the Labor Court can recognize the employment relationship and order payment of FGTS, vacation, 13th salary and severance amounts. The recognized period may also count toward retirement. Messages, photos, witnesses and proof of payment can be used as evidence.
How long do I have to file with the Labor Court?
The deadline is 2 years after the end of the contract. Within that period, you can claim the rights from the last 5 years, counted from the date the lawsuit is filed (Brazilian Constitution, art. 7, XXIX).
I won a labor lawsuit. Does that change my pension?
It may. Overtime, premiums and salary differences recognized in the lawsuit increase the contribution salary and may increase the amount of the pension. See the pension review page.
Were you dismissed or are you owed back pay and benefits?
Bring your work record booklet, pay slips and termination statement. In-person service in Foz do Iguaçu and online throughout Brazil.