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Onboarding and Probationary Period Regulations in Brazil

Can an employee's start date fall on a weekend or public holiday in Brazil?

An employee's start date in Brazil must not coincide with a public holiday. If the employee's regular work schedule includes Saturdays and/or Sundays, it is permissible to begin employment on those days. However, for employees who work only Monday through Friday, the employment agreement must commence on a weekday.

Is there a statutory probationary period in Brazil and can it be extended or removed? Can the probationary period differ for various job titles or employment agreement types?

In Brazil, the Labor Code stipulates that the probationary period cannot exceed 90 days. This period may be renewed once, provided that the total duration is not more than 90 days. It is a common practice to set an initial 45-day probationary employment agreement, which can then be extended for an additional 45 days. If the employment agreement is not terminated within the 90-day period, it automatically converts into an indefinite employment agreement. The probationary period is uniform across all job titles and employment agreement types.

Are employment agreements mandated to be registered with a regulatory authority in Brazil? If yes, what is the process for registration?

Employment agreements in Brazil must be registered with the country's Social Security system, known as eSocial. This registration is a mandated requirement for all employment agreements.

What is Pebl's onboarding timeline in Brazil?

Velocity Global Brazil follows a specific onboarding timeline for supported employees in Brazil, which includes the following steps:

  • The Service Level Agreement (SLA) to share the employment agreement draft is 1 business day.
  • From the approval of the employment agreement draft until the new supported employee signs the agreement, the SLA is 5 business days.
  • The timeline also depends on how quickly the supported employee provides the legally required documents.
  • Employment agreements must be signed at least 4 business days before the start date to ensure the employee is correctly enrolled in the government system, eSocial.

It is crucial to note that the supported employee cannot begin working until they are enrolled in social security, as this legal requirement ensures their coverage.

Can Pebl accept or support customers that have a local entity in Brazil?

Yes, Pebl can accept and support customers that have a local entity in Brazil. There is no need for a separate service agreement if the customer has a local entity.

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