The Brazilian government has formulated strict and meticulous labor laws and regulations to protect workers' rights and interests. If an enterprise makes any mistake, it will be subject to administrative punishment or get involved in labor disputes and suffer unnecessary losses. The Uniform Labour Law, enacted in 1943, is the first systematic Labour law in Brazil. Although it has been amended continuously since then, it still forms the basis of Brazilian Labour policy.





I. Labor Rights and Interests:





(1) Labour registration: Labour registration is required for any remunerated employable Labour. There are two forms of Labour registration: a, the Carteira DE Trabalho e Previdencia Social (hereinafter referred to as the "Labour Permit"); B. Livro DE Registro DE Empregos. Both the "Labour Permit" and the "Registration of Employees" are issued and administered by the Brazilian Ministry of Labour or its authorizing agency. When employing workers, enterprises shall indicate wages, working conditions, etc., in the "Labour Certificate" and the "Employee Registration Form".





(2) Labour contract: A Labour contract shall be signed between the enterprise and the workers, clearly stipulating wages, types of work, working hours, etc. There are two forms of labor contracts: individual labor contracts and collective labor contracts. "Individual Labour contracts" are signed directly by the enterprise and the workers, and "collective Labour contracts" are signed by the trade union on behalf of the workers and the enterprise.





Termination of individual Labour contract: in the case of illness, the terms of the worker's performance of services are suspended, but the INSS and THE Seniority Guarantee Fund (FGTS) are retained, and the worker shall be considered for reinsertion within 5 years. If the labor contract is suspended due to military service or other civil obligations, the enterprise shall reserve jobs for them.





Termination of individual labor Contract: Both the employer and the employee may terminate the contract, provided that a termination document is signed and 30 days' notice is given to the other party. Within 30 days of notice of dismissal, workers may work only half a day or go out to look for work for another half day. Union leadership members and enterprise Safety committee members may not be dismissed during their term of office and within one year after the end of their term of office, nor may they be dismissed within one year after the occurrence of an industrial accident or during the treatment of an industrial injury. In the event of justifiable dismissal, the employer shall pay the balance of his/her wages, and the INSS and Seniority Guarantee Fund (FGTS) originally paid shall remain in place. In the event of dismissal for no good reason (i.e. for any reason not related to the employee), the employer is required to pay 40% more of the above amount. Workers can only be fired if they are absent from work for more than a month in a row.





When an employee resigns voluntarily, the employer must pay the balance of wages and part of the vacation wages, part of the thirteen salaries and various allowances due, etc.





Change of collective labor contract: discussion between labor union and enterprise on behalf of labor.





3. Working hours: According to the labor law, "normal working hours" are 8 hours per day, 44 hours per week, and 6 hours per shift. Overtime in addition to "normal working hours" shall be paid at 150% of the "normal working hours" wages. For night work (22:00- 5:00 the next day), 120% is paid according to day work. Holiday work is paid 200% of normal work.





In addition, the Brazilian labor Law also provides for strict working breaks, such as a 15-minute break during 4-6 hours of continuous work; For work of more than 6 consecutive hours, the laborer shall have 1-2 hours' rest or meal time, etc.





(4) Wages: The wages of the workers shall be paid monthly in Palestinian currency. The wages of workers shall not be lower than the statutory minimum wage. The minimum wage is adjusted once a year around the end of April according to the price level. The minimum monthly wage standard published on April 30, 1999 was R $136. Employers and workers in an industry may agree on a minimum wage for their own industry in addition to observing the government minimum wage.





In commission, tips, pieces of work, contract and other forms of remuneration, the monthly income of the labor shall not be lower than the minimum wage. At least 30 per cent of the minimum wage should be paid in currency. The minimum wage for underage apprentices is half the statutory minimum wage before the apprenticeship period and two-thirds of the statutory minimum wage after the apprenticeship period.





Workers get a month's extra pay after 12 months of service. Without good reason to fire a worker, the employer must continue to pay one month's wages.





(5) Annual leave: in addition to statutory holidays, workers are entitled to 30 days of paid leave each year (but the number of days of leave is reduced according to the number of absence from work). If the worker does not take annual leave, the enterprise must give financial compensation.





(6) Occupational safety and health: The enterprise shall provide workers with a safe and healthy working environment and shall be subject to regular inspection by the local labor office.





(7) Localization of labor: the number and wage income of Brazilian domestic laborers shall not be less than two thirds of the total labor force and total wages of the enterprise, respectively. Foreign workers must have special technical expertise and a work visa to work in A Brazilian enterprise.





(8) Protection of women and underage workers (ages 14-18) : In addition to enjoying the rights and interests of general workers, women and underage workers are given special protection. In terms of employment conditions, overtime hours, night work, working environment and other aspects, the labor law has made special provisions. For example, children aged 14-16 can only work as apprentices, while children aged 16-18 must have their parents sign a Labour contract and must not work in dangerous, hazardous or night work. The employer shall guarantee the steady employment of the pregnant woman during her pregnancy and up to five months after childbirth. Pregnant women are entitled to 28 days of leave before delivery and 92 days of maternity leave after delivery, without any reduction in wages by the employer.





(9) Probation period: both parties shall sign a probation agreement. Generally speaking, the probation period for labor is 45 days, which may be extended once (45 days). Before probation, workers should undergo a medical examination. During the probationary period, companies and workers are not required to pay such fees as the Age Protection Fund (FGTS).





(10) Other rights and interests of workers:





(a) SALARIO FAMILIAR: For a worker earning less than R $360 a month who has a minor child (under the age of 14) and a disabled child, the enterprise is required to pay the worker a family allowance at r $8.65 per person, which is not taxable.





B. Seniority guarantee fund (FGS-Fundo DE Garantia do Tempo DE Servico (similar to seniority subsidy) : 8% of employees' total salary per month. Workers may apply for the fund in one of the following circumstances: purchase of a home, retirement, marriage, dismissal without due cause, family needs, etc.





C. Social security (INSS or CINSS) : Employers pay 20% of the total wages, and workers pay 8-10% of the total wages.





Ii. Labor Agency:





(1) The Ministry of Labour: the enforcement agency of Labour laws and regulations.





Under the Ministry of Labour there is a Labour Procuratorate to supervise the implementation of Labour laws and regulations. The Labour Prosecutor's Office operates 18 branches across Brazil, which accept Labour complaints and impose administrative penalties on companies for wrongdoing.





The employment of foreign workers shall be approved by the Ministry of Labour.





(ii) Labour Courts: Labour judicial bodies.





The Labour courts are divided into three levels: the Supreme Labour Court, the local Labour Court and the Labour Dispute Tribunal. The Labour courts are responsible for mediation and adjudication of Labour disputes.





(3) Trade unions: In Brazil, trade unions have a great influence. If an enterprise cannot handle the relationship with trade unions well, it is easy to get involved in labor disputes.