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Employment Agreement: what should I know?

The globalization has provided new opportunities, borders are now even closer, and the demand for skilled people abroad opens the door to good employments agreements around the world.

Job opportunities abroad and ease of communication

The digital economy and the expansion of the media and facility to learn new languages, in addition to the internal problems in the Brazilian economy, culminated in the departure of Brazilians abroad.

It is no longer so unusual to find friends and close people leaving the country, regardless of social class. The possibilities are endless for those who want to work, especially in the area of information technology, engineering, healthcare, and others in other countries.

Just as Brazil is increasingly sought by foreigners to live, the flow of workers is increasingly intense worldwide.

One of the ways to leave the country is to find a job abroad, often requiring an employment agreement.

However, do you know what laws and clauses apply at this time? What are your rights?

It’s growing the number of Brazilians who decide to live abroad

In the past years, the number of Brazilians leaving the country has tripled. According to the latest data from the IRS, 22,400 Brazilians delivered the declaration of definitive departure from the country last year.

There is a significant increase in Brazilians leaving Brazil from 2014, which corresponds to the moment that the country experienced the first signs of economic recession. Therefore, these factors led Brazilians to look for new job offers, high salaries, and to seek a better quality of life and security in other countries.

The opportunities also had an increased

This departure from Brazil was only possible due to the numerous opportunities abroad arising from the lack of mainly specialized labor. As is the case, for example, in Canada and Japan, both are economies with low unemployment but deal with a lack of local labor – needing to import workers to meet the domestic demand for professionals. Many countries now have incentive policies to attract foreign employees, but this does not mean that it is easy to immigrate to these countries – all require long qualifications and bureaucratic processes.

The desire to change countries is not enough. It is necessary to plan! Moving to another country requires planning and caution, it is essential to know the local culture, language, and be up to date with any legal and financial backlog in Brazil.

Besides, it is of paramount importance to be aware of bureaucratic visa issues, and the employment agreement signed abroad – when required.

What about the visa process?

The visas types and how to apply for it, as well as the necessary documentation, depends on each country. Importantly, all countries have their peculiarities and rules.

It is always preferable to check all information before starting the visa process to begin correct, avoiding rework, and any irregularity in the migratory situation.

Even with their variations, one factor is particular: all processes require a large amount of documentation and proof.

If in doubt, consult a company that specializes in the process. They will assist in all the support needed to conduct the process efficiently and optimally.

Increased attention to employment agreements and local legislation

The employment agreement signed with another country requires attention. Because of the contracts are dictated according to the rules of local legislation. In other words, even if you are Brazilian will be subject to the country’s law where are you working – according to the employment agreement – which depends on the legislation of each place.

Thus, it is crucial to understand how the local labor law works to faced any drawbacks in the future. Always remember to research thoroughly, as each country has its laws and rules. While the worker is in the country, the stringent standards are the country’s labor laws and contractual clauses in the existing employment agreement – except for expatriate cases.

Expatriate, in this case, is the employee who will be sent by a Brazilian company to a foreign country. Where he will perform his duties at another headquarters, which may be a company of the same group or provide services to another company – often governed by international work contract.

The terms of employment agreements may vary according to local laws and the interests of the company. So stay tuned!

Carefully read all clauses, confirm all agreed information and terms proposed between the parties before signing the contract. Pay particular attention to the clauses of:

  • Obligations and duties;
  • Fines;
  • Compensation and salary;
  • Benefits and vacations;
  • Term and termination.

Pay attention to every detail

Another important point that should be considered is whether the chosen country has an agreement with Brazil on Social Security and which rules apply not to be discovered during this period.

The best way to avoid any contractual vulnerability or irregularities is to consult a law firm to follow up on every step of the process.

Any risk can be minimized with legal advice on contract terms. In addition, it may also help – if necessary – to consult the social security rules of the country where the employment agreement will be concluded, and the bureaucratic visa processes, as the case may be.

 

 

 

 

Fernanda Gomes

Graduada em Relações Internacionais (ESPM) com MBA em Marketing Estratégico (Unisinos). Possui larga experiência em gerenciamento de contratos internacionais com governo brasileiro e empresas privadas.

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