Hiring a foreigner in Brazil: main steps and precautions.

In this text, we will address the hiring of a foreigner in Brazil, as well as the main steps and rights that immigrants have in the country with the New Migration Law of 2017. Check it out!

And if you need legal support for hiring foreigners in Brazil, consult our specialized team by clicking here.

Foreign Work Visa for hiring foreigners in Brazil

The work visa is the document that allows foreigners to enter Brazil with the aim of working and/or carrying out paid activities. To obtain this visa, it is necessary to present a series of documents and proof to the Brazilian Embassy or Consulate in the foreigner’s country of origin.

The types of work visas vary depending on the nature of the activity that the foreigner intends to carry out in Brazil, and may be a Temporary Visa (VITEM) or Residence Visa (VITER).

Furthermore, depending on the situation, the foreigner himself or the hiring company can carry out the work visa application process. The visa is a prerequisite for obtaining a work permit from the General Immigration Coordination (CGI), which is the body responsible for regulating the work of foreigners in Brazil.

Work authorization for hiring foreigners in Brazil

A work authorization is a document issued by the Ministry of Labor that allows a foreigner to work in Brazil. It is one of the important steps to regularize the foreigner’s situation and allow him to work in the country legally. Therefore, Authorization plays a significant role in hiring foreigners in Brazil.

To obtain a work permit, foreigners must present a series of documents, including a valid visa, passport, proof of residence, birth, or marriage certificate and educational or professional records.

The work permit is valid for a specified period and must be renewed before its expiration date. Furthermore, foreigners must keep it updated whenever there are changes to their migratory or professional status in Brazil.

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Cases with exemption from CGI authorization

In summary, there are some cases in which a foreigner does not need to obtain a work permit from the General Immigration Coordination (CGI), such as:

• Professionals from Mercosur member countries: professionals from Mercosur member countries (Argentina, Paraguay, Uruguay and Venezuela) who wish to work in Brazil are exempt from obtaining a work permit from the CGI;
• Professionals with international agreements: professionals who wish to work in Brazil through international technical or scientific cooperation agreements, or in diplomatic or consular missions, are also exempt from the CGI work authorization;
• Athletes and artists: foreign athletes and artists who wish to work in Brazil can also be exempt from the CGI work permit, as long as they are registered with the National Sports Council (CONDESP) or with the Human Rights Secretariat of the Presidency of the Republic (SDH), as appropriate;
• Family members of Brazilians: spouses, children and parents of Brazilians can also work in Brazil without a CGI work permit.

These are some of the situations that require CGI work authorization.

What are the main rules for hiring CLT foreigners?

The rules for hiring foreigners in Brazil under the CLT (Consolidation of Labor Laws) modality include:

• Valid visa: the foreign worker must have a valid visa to work in Brazil;
  Authorization from CGI – Ministry of Labor: you need to obtain authorization from the Ministry of Labor to hire foreigners. However, there are some exceptions;
• Proportionality: you need to respect the proportionality of Brazilians and foreigners employed in the company. In other words, a maximum of 1/3 of employees can be foreigners;
• Justification for hiring: in addition, the company needs to justify why that vacancy is occupied by a foreigner and not by a Brazilian;
• Registration with Social Security: foreigners must register with Brazilian Social Security to be entitled to benefits such as unemployment insurance and retirement;
• Knowledge of the Portuguese language: although it is not a legal requirement, it is common for companies to require knowledge of the Portuguese language from foreign workers;
• Equal remuneration: the foreign worker must receive the same remuneration as a Brazilian worker for the same position;
• Labor rights: foreign workers have the same labor rights as a Brazilian worker, including vacation, 13th salary and FGTS.

What are the main differences when hiring a foreign employee?

The main differences when hiring a foreign employee are based on:

• Necessary documentation: the foreign employee must have a valid visa and updated passport to be able to work in Brazil, in addition to authorization from the Ministry of Labor to fill the position;
• Residence in Brazil: the foreign employee must have a proven fixed address in Brazil for the purposes of registering with Social Security and other public bodies;
• Hiring process: the process of hiring a foreign employee can be more time-consuming and bureaucratic due to the need to obtain visas, authorization from the Ministry of Labor, justification for hiring and other immigration documents;
• Company responsibility: the company that hires the foreign employee is responsible for ensuring that all necessary documentation is in order and that the employee is complying with Brazilian laws;
• Remuneration: the foreign employee must receive equal remuneration to other employees of the company, without any type of discrimination.

Guidelines that you must give to a foreign person

If you are hiring a foreigner, you must provide the following guidance to him/her regarding employment contract, work authorization, work visa and National Registry of Foreigners (RNM) issues. See the main guidelines when hiring a foreigner in Brazil:

• Employment contract: you must inform the foreigner about the working conditions, salary, working hours and labor rights contained in the employment contract to be signed;
• Work authorization: inform the foreigner about the need to obtain work authorization to carry out their activities in Brazil;
• Work visa: inform the foreigner about the need to obtain a work visa to be able to work in Brazil;
• National Registry of Foreigners (RNM): inform the foreigner about the need to register with the RNM to work in Brazil and the importance of keeping this registry updated;
• Expiry dates: inform the foreigner about the expiration dates of the work permit, work visa and RNM and the need to renew them if necessary;
• Required documentation: inform the foreigner about the documentation required to obtain a work permit, work visa and RNM, including passport, proof of address, among others;
• Obtaining process: inform the foreigner about the process of obtaining the work authorization, work visa and RNM, including the responsible bodies and the estimated time to obtain it;
• Be careful with legality: inform foreigners about the importance of following Brazilian laws and regulations to avoid legal problems and penalties.

What law applies to foreigners who provide services in Brazil?

The Law applied to foreigners who provide services in Brazil is the Migration Law (Law nº 13,445/17), which regulates the entry, stay, and departure of foreigners from Brazilian territory.

Furthermore, the Consolidation of Labor Laws (CLT) also applies to foreigners working in Brazil. In other words, establishing the rules for the employment relationship, including rights and duties of workers and employers.

The Migration Law establishes, for example, the conditions for obtaining a work visa, while the CLT regulates issues such as working hours, wages, vacations, the right to health and safety at work, among others.

How to register a foreigner?

The registration of a foreigner, based on hiring a foreigner in Brazil, involves the following steps:

• Work visa: assist in obtaining a valid work visa for the foreigner, especially through the authorization that you must obtain from the Ministry of Labor before the foreigner applies for the visa;
• Issuance of CPF: foreigners must have a CPF (Individual Taxpayer Registry) to be registered as a worker in the country. The procedure can be done completely online, you do not need to go to the IRS in person;
• Registration with Social Security: foreigners must be registered with Social Security to be entitled to retirement and other social security benefits;
• Employment contract: you must draw up an employment contract, which must include working conditions, hours, wages, among other aspects. The contract must be registered at the Regional Labor Office;
• Personal documents: you need the foreigner to have personal documents with him, such as a passport, work visa and valid ID (General Registration).

How to inform a foreigner on eSocial?

eSocial (Digital Bookkeeping System for Tax, Social Security and Labor Obligations) is the Federal Revenue system that aims to unify the provision of information from companies and workers to the tax, social security and labor authorities. When hiring a foreigner in Brazil, you must pay attention to the established rules.

To inform a foreigner on eSocial, the company must follow the following steps:

• Check whether the foreigner has a valid work visa and work permit;
• Create a foreigner’s registration in the eSocial system, providing personal, professional and social security data;
• Send a record to inform the foreigner’s start of work, including information about the employment contract, the position held and the salary;
• Register the foreigner in the social security system, informing the date of admission and salary;
• Send information about remuneration, vacations and other labor rights through Remuneration Events;
• Communicate the termination of the foreigner’s work.

The company must strictly follow eSocial rules and regulations to avoid sanctions and fines. Also, keep your data up to date and follow the guidelines of the tax, social security and labor authorities.

How long can a foreigner work in Brazil?

Brazilian law allows a foreigner to work in Brazil for a specific period, established by the work visa. The visa validity period may vary according to the purpose of the trip and the nature of the activity to be carried out in the country.

For example, the visa could be:

• 2 years, extendable for another 2 years;
• permanent, through an indefinite employment contract, you can work in Brazil for an indefinite period of time.

Among other situations.

Furthermore, foreigners must renew their work visa every period of validity if they wish to continue working in the country.

It’s recommended that the foreigner and the hiring company frequently check their visa status to avoid legal problems.

How does an international employment contract work?

A company or institution in a country can sign an agreement with a foreign worker to work outside their country of origin, through an international employment contract. This contract establishes working conditions, including salary, working hours, vacations, rights and duties, among other aspects.

The international employment contract must be in accordance with the laws of the two countries involved – the worker’s country of origin and the country of destination. For example, if the foreign worker is providing services in Brazil, the contract must be in accordance with Brazilian laws, including the Consolidation of Labor Laws (CLT) and the Migration Law.

Furthermore, the international employment contract includes information on the duration of the contract, renewal or termination conditions, rights and obligations of the worker and the company, among other relevant aspects. Both parties must have a copy of the contract and it must be registered with the competent authorities, in accordance with applicable laws.

Contract for a foreigner working from home abroad, what to look out for?

When hiring a foreigner to work in a home office abroad, you must consider some legal aspects, including:

• Local law: check the local laws applicable in the foreigner’s country of residence to ensure that the employment contract complies with local regulations;
• Taxes: see if there are tax obligations in the foreigner’s country of residence and if it is necessary to pay taxes on the salary paid;
• Social security: check whether there are social security obligations in the foreigner’s country of residence and whether it is necessary to contribute to the local pension system;
• Labor rights: you must include clauses in the contract that guarantee the foreigner the labor rights provided for by local legislation and the International Convention on Labor Rights;
• Communication: establish forms of communication between the parties and work schedules, to ensure work efficiency.

Are there differences or facilities for foreigners who are already hired by the company, but in another country?

Yes, there are differences and facilities for foreigners who are already employees of the company, but in another country. This way, you will find it easier to hire a foreigner in Brazil.

If the company already has an established working relationship with the foreigner in another country, this can facilitate the transfer process to Brazil. Because there is a working and trust relationship established between the parties. Furthermore, if the company already has a presence in Brazil, dealing with bureaucratic issues related to hiring foreigners may be easier. For example, obtaining a work permit and work visa.

However, even in these cases, the company needs to follow Brazil’s rules and regulations regarding hiring foreigners, including the need to obtain the necessary work permit and work visa. Furthermore, the company must ensure that the foreigner is in good standing in Brazil, otherwise they may face sanctions and fines.

Contract Signing

Signing the contract is an important step in hiring a foreigner in Brazil. The employer and the foreigner must sign the contract. Therefore, it must contain all clauses and conditions of work, including hours, salaries, benefits, among others.

Before signing the contract, the foreigner must obtain a work visa and work authorization from the General Immigration Coordination (CGI), the body responsible for regulating the work of foreigners in Brazil.

In addition, registration of the employment contract in the foreigner’s card and at the Regional Labor Office is also necessary. Likewise, it must be in accordance with Brazilian labor legislation.

Signing the contract is an opportunity for the employer and the foreigner to establish the obligations and rights of each party. This way, avoiding future problems.

Am I obliged to hire a foreigner through CLT?

There is no obligation to hire a foreigner under CLT (Consolidation of Labor Laws). The choice of the type of contract depends on the specific conditions of the case and must be in accordance with Brazilian laws and the rules of the Ministry of Labor.

However, contracting companies most often employ foreigners under the CLT regime, since this type of contract is the most used in the country and offers protection to the employee’s labor rights. Furthermore, the CLT establishes the obligations and rights of both parties, including salary, working hours, vacations, safety and health at work, among other aspects.

If the company wishes to hire a foreigner under another type of contract, such as a fixed-term employment contract or a temporary employment contract, you must check whether this option is permitted by Brazilian law and whether it complies with the standards of the Ministry of Work.

Can a foreigner in an irregular situation in Brazil work in the country?

No, a foreigner in an irregular situation in Brazil cannot work in the country. According to the Brazilian Migration Law, foreigners must have a valid visa to work in Brazil and be regularly registered with the immigration authorities.

Hiring an irregular foreigner can result in sanctions for the company, including fines and even the interruption of activities. Furthermore, foreign workers in an irregular situation may be subject to deportation and other measures restricting their stay in the country.

For these reasons, it is important that the company checks the foreigner’s immigration status before hiring him and keeps all documents and information up to date. Furthermore, the company can refer the foreigner to a lawyer who can regularize the foreigner’s situation in Brazil.

For example, in some cases a foreigner can apply for residence and, with just the application, the sanctions and restrictions are suspended. However, he needs to speak to a specialized lawyer to avoid the risk of being prevented from staying in Brazil.

Be careful with the minimum number of Brazilians in the company

Brazilian legislation establishes that companies must have a minimum number of Brazilian workers in their workforce. The measures are adopted to ensure that job vacancies are filled by Brazilians and avoid imbalance in the job market.

The proportion of foreign and Brazilian workers in the company depends on the sector and economic activity. Thus, the regulation of foreigners’ work in Brazil can be carried out by specific laws or by the General Immigration Coordination (CGI), which is the body responsible for regulation.

Therefore, it is important that companies check the legislation applicable to their sector before hiring foreigners, to avoid problems with the tax and labor authorities.

Hiring a foreigner in Brazil: labor rights of regularized foreigners

The labor rights of foreigners regularized in Brazil are the same as those of Brazilian workers. Therefore, they include: limited working hours, paid vacation, 13th salary, paid weekly rest, protection against unfair dismissal, among others.

Foreigners also have the right to safety and health at work, social security, protection against discrimination, and the right to strike, among others. Therefore, you must not forget these rules when hiring a foreigner in Brazil.

According to Brazilian labor legislation, the employer must provide workers, regardless of whether they are Brazilian or foreign, with decent working conditions, protection against work accidents, and respect all the rights provided for by law.

In case of non-compliance with labor rights, the foreigner can contact the Labor Court to resolve the problem. Furthermore, it is important to highlight that foreigners with legal status in the country have the right to join unions and participate in union movements.

What is the average cost of hiring a foreigner in Brazil that a company has to bear?

The average cost of hiring a foreigner varies depending on a number of factors, including the need to obtain a work permit, work visa, National Registry of Foreigners (RNM), processing fees, migration and logistics expenses, among others. .

Therefore, you should pay attention to some requirements that involve hiring a foreigner in Brazil.

In general, the total cost can vary from R$3,000.00 to R$10,000.00 or more, depending on the case. However, these values are only an estimate and you should consult a migration specialist for a more accurate assessment.

Does the law limit the foreigner’s stay in the company and in Brazil?

Yes, the Ministry of Labor and Employment (MTE) determines, on average, a deadline for the foreigner to remain in the company and in Brazil, through the work visa and work authorization granted.

A work visa is a visa granted to foreigners who wish to work in Brazil. The visa has a fixed validity and it is possible to renew it.

The work authorization is a necessary document for foreigners to carry out their professional activities in Brazil. It has a fixed validity and can be renewed, which makes the visa an essential requirement for hiring a foreigner in Brazil.

In general, the company and Brazil establish the limit for a foreigner’s stay at 2 years, extendable for another 2 years. However, the foreigner must comply with the conditions for his stay in Brazil and that there is a need for his presence at the company.

However, rules and regulations may vary depending on the visa and work permit category. In fact, you may be granted an indefinite (permanent) stay in Brazil, as long as you continue to work in the place that served as the basis for your grant of residence for work.

Care when hiring a foreigner in Brazil

Foreigners who wish to work legally in Brazil need to follow some requirements and procedures established by Brazilian immigration and labor laws.

Therefore, you must remember that foreigners need to have their identification documents up to date, such as passport and visa, and also need to have a registration number in the Individual Taxpayer Registry (CPF). The CPF is essential for foreigners to receive salaries and benefits and comply with their tax obligations in Brazil.

There are several Brazilian companies that hire foreigners to work in Brazil. Some of these companies are multinationals with operations in Brazil, while others are local companies seeking global talent for their teams. Therefore, knowing the requirements and standards helps when hiring these workers.