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back to index backLATINtalk May,  2017


Labor legislation for foreign workers in Brazil

Legal entities interested in using foreign labor, either permanently or temporarily, must request a work permit from the General Immigration Coordination, an agency of the Ministry of Labor and Employment.

The request will be by submission of a "Work Permit Request Application," signed and sent by its legal representative or attorney, together with specific documents.

A decision denying the work permit can be appealed within ten (10) days starting from its date of publication in the Federal Official Gazette. The appeal will be sent to the authority that made the decision, which will reconsider it within five (5) days or forward it on to a higher authority under the terms of Law 9,784/99, Art. 56.

Visa and work permits

The Brazilian immigration authorities allow foreigners to work on a regular basis only if they hold one of the following main visas:

- Temporary visa (2-year visa) type V with an employment contract with a local company;

- Temporary visa (2-year visa) type V without an employment contract with a local company, under the "umbrella" of a Technical Assistance Agreement existing between a Brazilian company and a foreign company; or

- Permanent visa Holders of a business visa are not allowed to work in Brazil, but only have meetings, participate in seminars, meet customers and suppliers, prospect local markets, etc. but not perform any remunerated activities.

It is also important to note that visas are requested by local companies, meaning that the expatriate works in Brazil for a specific locally-based employer. In other words, the individual is not allowed to work for a different local company unless a new visa (or special authorization) is obtained. Holders of permanent visas may work for a different local company if this company is part of the same economic group (i.e., joint ventures).

If the foreigner continues to work for more than five years with the same local employer, the visa loses its link with the local company. Consequently, the individual may apply for a permanent visa, with no immigration restrictions. The foreigner's dependents (including non-working spouse) who may accompany the expatriate on the assignment usually hold visas linked to him/her. If the expatriate leaves the country permanently, his/her family must leave as well. If, for any unexpected reason, the dependents must remain in Brazil, the individual may require a new visa for them from the immigration authorities. In the case of a working spouse, notice that she is holding a linked visa with her husband. Her local employer must request a new type V with employment contract, temporary visa.

To read entire article, including Frequently Asked Questions, please click here.

Source: Deloitte Brazil - GAI



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