01
Subcontracting
Significant exposure
Article 455 of the CLT allows a claim against the main contractor when the subcontractor defaults. The contract, position in the chain and actual service arrangements require assessment.
Construction companies · Developers · Contractors
Employment law advice built around the actual construction cycle
Subcontracting, hours, safety, terminations and defence require documents produced at the right time and coordination between the site, HR, occupational health and safety, and accounting.
General information. Liability and strategy depend on contracts, position in the chain and the facts of each situation.
Evidence develops during construction
Documents, practice and actual site conditions must tell the same story.
Prevention and defence
Support suited to the operational stage
Sector focus
Construction, subcontracting and occupational health and safety
Brasília and online
Business services throughout Brazil
The central legal issue
“Project owners are not liable” is not a safe rule for construction companies
OJ 191 of the TST's SBDI-1 excludes project owner liability in certain situations. However, Tema 6 of the TST clarified that this specific protection does not extend to construction companies or developers.
Article 455 of the CLT also gives subcontractors' employees the right to claim against the main contractor on default. The actual consequences depend on the contract, each company's position and how work was performed.
Clauses help organise obligations and any recourse, but do not eliminate workers' rights or replace monitoring and documentation.
Check the context
When this advice commonly makes a difference
The situations below highlight where documentary prevention or a coordinated response may be necessary.
- A construction company or developer engaging subcontractors for different stages of a project.
- A company planning a development and seeking to review contracts and practices before mobilisation.
- A construction company completing a project and planning a substantial number of terminations.
- A company facing an employment claim from its own employee or a service provider's worker.
- A project inspected by the authorities, issued with an infringement notice or facing administrative action.
- A company needing to organise working time, EPI, training and occupational health records.
- A developer structured through an SPE (special purpose company) needing to coordinate obligations between the commissioning company and service providers.
- Management seeking to assess liabilities and improve communication between the site, HR, occupational health and safety, and accounting.
Operational overview
Five areas that need to work together
The same event can affect contracts, payroll, safety, eSocial and employment proceedings.
02
Occupational accidents and diseases
Immediate assessment
An incident can have employment, civil, social security and administrative consequences. Strict liability depends on statutory circumstances or habitual exposure to a special risk.
03
Site safety
Ongoing monitoring
NR-18, NR-35, NR-6 and other applicable regulations require technical and organisational measures suited to each stage and activity.
04
Working hours and additional pay
Contemporaneous evidence
Time records, breaks, compensatory arrangements, duties and technical reports must reflect the work actually performed.
05
Project completion
Advance planning
Terminations, payments, return of documents and record retention require coordination before teams are demobilised.
Supported project closure
Will your site be demobilising in the coming months?
Before terminations, there is still time to check processes, documents and responsibilities.
Ways we can assist
Three stages, with different scopes
Advice can begin before a problem, in responding to a claim or in preparing for closure.
During construction
Prevention
Documentary audits, review of service provider contracts, checking procedures, coordination between HR and occupational health and safety, and guidance on recruitment, hours and terminations.
When a dispute arises
Defence
Representation in employment claims and administrative proceedings, with individual assessment of records, facts and the liabilities in dispute.
At the end of the development
Supported project closure
Planning terminations, checking documents and organising records that may be needed after construction ends.
Documentary audit
What can be checked in the operation
The final selection depends on engagement models, activities performed and each project's stage.
Subcontractor agreements
Scope, duties, periodic evidence, representation, contractual mechanisms and recourse rights.
Recruitment and terminations
Contracts, records, examinations, communications, payments and documents given to workers.
Working time monitoring
Records, overtime, breaks, travel, compensatory arrangements and consistency with actual site practices.
Occupational health and safety programmes and reports
PGR, PCMSO, LTCAT and reports on unhealthy or hazardous work, according to the activity and construction stage.
EPI and training
Provision of personal protective equipment, approval certification, guidance, training and documented monitoring of use.
Service provider compliance
Checking procedures throughout the engagement, according to the contract and legally available measures.
Occupational health and safety submissions to eSocial
Consistency of S-2210, S-2220 and S-2240 submissions with CAT, ASO, exposure and other company records.
Record retention
Organising, accessing and preserving documents after teams leave and the site is closed.
Occupational accident
One incident can open different fronts, without automatic answers
Preserving facts, documents and communications from the outset is essential to meeting obligations and assessing exposure.
Civil liability
Tema 932 of the STF permits strict liability in statutory cases or for habitual exposure to a special risk. Classification is case-specific, rather than presumed for every accident.
Recourse action
Article 120 of Lei nº 8.213/1991 provides for a social security recourse action where there is negligence concerning protective safety and hygiene rules.
Occupational health and safety and eSocial
CAT, health monitoring and environmental conditions must be consistent with internal records and S-2210, S-2220 and S-2240 submissions.
Inspections
Breaches can result in administrative measures depending on the infringement and competent authority, as well as affecting other disputes.
Common cases
Situations calling for a coordinated response
- A subcontractor's employee has named the construction company as a defendant in an employment claim.
- The service provider has ceased trading or left employment obligations outstanding.
- There is a dispute about direct employment, subordination or outsourcing.
- The site has been inspected and a deadline applies for representations or a defence.
- An accident has occurred and records must be preserved and responses coordinated.
- Reports and records have not kept pace with changes to the construction stage or job role.
- The company intends to close a site and terminate several employment contracts.
- Contracts and practices need standardising before the next development.
Working method
How the assessment can be organised
Legal services are coordinated with the company's technical teams, without replacing engineering, occupational health and safety, HR or accounting duties.
- 01
Operational assessment
Reviewing scale, number of projects, engagement models, internal structure and dispute history.
- 02
Document sample
Initial review of contracts, hours, terminations, occupational health and safety documents and service provider controls.
- 03
Priority map
Organising findings by urgency, impact, technical dependencies and construction stage.
- 04
Adjustment and monitoring
Legal review of documents and practices in coordination with engineering, occupational health and safety, HR and accounting.
- 05
Defence when required
Court or administrative representation supported by facts and records produced and preserved by the company.
Direct service
Alex Rodrigues Alves
A Brazilian lawyer specialising in Employment Law and Procedure and Social Security Law, with postgraduate studies in Business Law and a background in Accounting and Economics.
His qualifications relate directly to this service: employment relationships, social security consequences, business contracts and assessment of liabilities from economic and accounting perspectives. The responsible lawyer conducts the service.
Responsible professional: Alex Rodrigues Alves
OAB/DF nº 46.260 | OAB/GO nº 64.591 | OAB/SP nº 508.634 | OAB/MG nº 230.667 | OAB/ES nº 44.334 | OAB/PR nº 136.193
Frequently asked questions
Employment law advice in construction
Is the construction company liable for subcontractors' employees?
There is significant exposure, but the answer depends on the company's position in the chain, the contract and the facts. Article 455 of the CLT gives employees a claim against the main contractor when the subcontractor defaults. Moreover, the project owner's exemption under OJ 191 does not automatically benefit a construction company or developer.
What did Tema 6 of the TST decide about project owners?
The TST clarified that the exclusion under OJ 191 is not limited to individuals or small companies. However, a construction company or developer falls outside this specific protection because its economic activity is connected with construction. This does not remove the need to assess the contractual relationship and the claims made in each case.
Can a contractual clause eliminate employment liability?
No. A contract between companies does not remove workers' rights or prevent the relevant rules from applying. It can organise obligations, records, controls, legally permissible withholdings and any recourse rights.
Does every construction accident give rise to strict liability?
Not automatically. Tema 932 of the STF permits strict liability in statutory cases or when the activity normally performed habitually exposes workers to a special risk. The role, activity, causal link, circumstances and possible grounds excluding liability must be assessed.
When can the INSS bring a recourse action?
Article 120 of Lei nº 8.213/1991 provides for recourse against those responsible where there is negligence concerning standard safety and hygiene rules for individual and collective protection.
Is NR-18 enough for a site audit?
It is the construction industry's central sector regulation, but does not operate alone. Depending on tasks and risks, NR-1, NR-6, NR-7, NR-10, NR-12, NR-33, NR-35 and other technical requirements may also apply.
What is the lawyer's role in occupational health and safety records?
Technical preparation of programmes, reports and engineering measures is the responsibility of legally qualified professionals. Legal advisers check documentary consistency, responsibilities, contracts, processes and employment or social security consequences, working alongside occupational health and safety professionals.
How long can a project give rise to employment disputes?
The Brazilian Constitution provides a five-year limitation period for employment claims, subject to a two-year limit after the contract ends. Other records may have their own retention periods. Retention policy must consider all applicable obligations.
Does project completion require employment planning?
Yes. Contracts, team departures, payments, examinations, submissions, service provider records and retention must be coordinated. Any out-of-court settlement must be assessed individually and requires judicial approval, without an automatic outcome.
Does paying an unhealthy-work allowance as a precaution resolve the risk?
Classification depends on technical assessment and actual working conditions. Payments without consistent documentation do not replace preventive measures or prevent disputes about the rate, period, role or agents present.
Does this advice replace HR, accounting or the occupational health and safety team?
No. The service is complementary. Each area retains its technical and operational duties while the firm handles legal assessment, contracts, allocation of responsibilities and defence.
Can services be provided outside Brasília?
Yes. Meetings, assessment and documentary review can take place online for companies throughout Brazil. In-person services are available in Ceilândia Sul, Brasília/DF, and visits can be considered according to need.
WhatsApp messages can be received in different languages. Telephone calls are available in Portuguese, English and Spanish.
Introduce your company
Request an initial operational assessment
State the number of projects, the predominant engagement model and the situation that prompted contact.
Prefer to speak directly?
In-person services in Ceilândia Sul, Brasília/DF, and online for companies throughout Brazil.
QNM 01 Conjunto H, Lote 40, Sala 102, Ceilândia Sul, Brasília/DF, CEP 72215-018
Monday to Friday, 8 am to 5 pm.
Official sources and related pages
Official information