“If there are no proceedings, the company is compliant.”
The absence of a claim does not replace a review of working practices. Inconsistencies in hours, payments and records can accumulate unnoticed.
Employment law for businesses · services throughout Brazil
Employment law advice for businesses: evidence takes shape before a claim is made
Preventive guidance and defence for employers, with coordinated assessment of contracts, hours, pay, outsourcing, occupational safety and terminations.
General information. Each recommendation depends on the company's activities, records and circumstances.
Prevention connected to actual operations
Records, people management and evidence need to tell the same story.
Advice and litigation
From reviewing practices to defending claims
A multidisciplinary perspective
Law, accounting and economics
In person + online
Ceilândia/DF and throughout Brazil
Before a dispute
Employment risks usually arise in daily practice, before court papers
Some assumptions leave important decisions undocumented or disconnected from practice. Assessment begins by distinguishing impressions from reality.
“A lawyer is only needed when the court summons arrives.”
By the time proceedings start, rotas, messages, payments and management decisions have already created the facts that will be disputed.
“One contract template suits every operation.”
The document must reflect the work actually performed, the pay arrangements and the applicable collective agreement.
“Accounting, HR, occupational health and safety, and legal advisers do the same job.”
Their roles complement one another. Coordination reduces discrepancies between payroll, time records, technical reports, statutory submissions and daily practice.
“If a payment is called a performance award, it will always qualify as one.”
Commission forms part of salary. Prêmios (performance awards) have their own requirements under the CLT, and classification depends on how the payment actually operates.
“A contract with the service provider transfers all risk.”
Outsourcing has its own statutory rules. Contracts and documentary monitoring help organise duties and evidence, but do not automatically exclude liability.
Areas of assessment
Six areas that need to work together
An isolated policy rarely resolves an employment relationship. Assessment considers how contracts, people, payments, safety and management operate together.
01
Working hours, time records and rest
Reviewing records, overtime, breaks, time banks, rotas, night work, Sundays and public holidays in light of the operation and collective agreement.
02
Roles and pay
Comparing positions, combined duties, salaries, commission, performance awards, benefits and variable pay policies against practice and records.
03
Outsourcing and service providers
Contractual scope, independence, monitoring performance, documentary obligations and liability under Lei nº 6.019/1974.
04
Occupational health and safety
Coordinating legal advice with PGR, PCMSO, examinations, technical reports, training, EPI, CAT and occupational health and safety submissions, according to each activity's risks.
05
Terminations and disciplinary measures
Procedures, records, communications, payments and assessment of facts, proportionality and evidence before decisions with significant consequences.
06
Corporate changes and succession
Employment law assessment in reorganisations, business acquisitions, economic groups and shareholder liability, always subject to the facts and statutory limits.
Legal instruments
Discharge and settlement require clear form, content and limits
They are different instruments. Neither should be presented as a shield or a guarantee of bringing all disputes to an end.
Article 507-B of the CLT
Annual discharge of employment obligations
Employee and employer may sign this instrument before the relevant employees' trade union. It must itemise the obligations fulfilled, and its discharge effect covers only the payments specified.
Articles 855-B to 855-E of the CLT
Out-of-court settlement
Approval is sought through a joint petition, with separate lawyers. The judge examines the settlement, and its effects depend on its terms and the decision made; approval is not automatic.
How we can assist
A scope suited to the company's circumstances
Support can begin with a defined review, develop into ongoing advice or focus on an existing matter.
Starting point
Employment law assessment
A sample review of contracts, payroll, time records, collective agreements and working practices to identify priorities and draw up a proportionate plan for the business.
Ongoing support
Preventive legal advice
Regular guidance on recruitment, hours, pay, outsourcing, disciplinary measures, terminations and operational changes.
When a dispute arises
Defence and negotiation
Representation in employment claims, inspections and administrative proceedings, alongside negotiation suited to the legal circumstances of the case.
Employment law audit
What the assessment may cover
The list is tailored to sector, size and objectives. Reviewing everything at once is unnecessary: priorities can be set through sampling and assessment of critical issues.
Important
Organised records support assessment and defence, but their strength depends on consistency with the facts and the evidence as a whole.
- Employment, probationary and remote-working contracts, and contractual changes.
- Positions, job descriptions, salaries, benefits and variable pay.
- Time records, overtime, breaks, rotas and compensatory arrangements.
- Collective conventions and agreements applicable to the territory and period.
- Contracts with service providers, self-employed individuals and legal entities.
- Recruitment, disciplinary measures, absences and terminations.
- PGR, PCMSO, examinations, technical reports, training, EPI and occupational health and safety submissions.
- Existing proceedings, infringement notices and settlement history.
- Purchases, sales, succession, restructuring and corporate changes.
When to seek advice
Common situations in business
There is no need to wait for a court summons. Some decisions warrant assessment before being communicated or implemented.
01
The company has grown, but its contracts and procedures have stayed the same.
02
Recorded working hours differ from those actually worked.
03
Commission schemes, campaigns or performance awards were introduced without a documented policy.
04
Contractors or outsourced businesses work alongside the company's own employees.
05
A sensitive termination, a series of terminations or dismissal for cause is being considered.
06
An employment claim, inspection or notification from the Ministério Público do Trabalho has arrived.
07
The business intends to acquire another operation, receive investment or reorganise its shareholding structure.
08
HR, accounting, occupational health and safety teams, and management need to align records and procedures.
Sector-specific services
Business advice with deeper analysis of particular operations
The legislation is shared, but risks vary with the activity, hours, working environment and engagement model.
Construction
Construction companies and property developers
Subcontracting, NR-18, site records, accidents and project completion.
View the sector page →Pharmacy retail
Pharmacies and drugstores
Injections, rotas, commission, performance awards, deductions, time records and succession.
View the sector page →Healthcare services
Clinics and practices
Monthly advice on contracts, teams, health data, health plan operators and corporate organisation.
View the sector page →Other sectors
Assessment tailored to the operation
Retail, services, healthcare, logistics and other activities can receive a scope built around their circumstances.
Introduce your business →Stages
From the first conversation to implementation
The straightforward process can be scaled to a specific query, a review project or ongoing advice.
Context
The company describes its sector, size, engagement model and the matter that prompted contact.
Documents
The records needed for an initial review are identified, respecting confidentiality and data protection.
Priorities
Issues are ranked by urgency, impact and feasibility, without generic solutions or any promise to eliminate risk.
Implementation
Approved measures are implemented with management guidance and coordination with the company's internal professionals.
Who will assist you
Alex Rodrigues Alves
A Brazilian lawyer with degrees in Law, Accounting and Economics, postgraduate studies in Business Law and specialist studies in Employment Law and Procedure.
This multidisciplinary background supports a combined assessment of contracts, payroll, business organisation and the economic impact of employment decisions.
OAB/DF nº 46.260Online services throughout Brazil
Learn about qualifications and experienceFrequently asked questions
Questions about employment law advice for businesses
General answers to guide initial contact. Definitive classification depends on the records and facts.
Can employment law advice prevent the company from being sued?
No. No service can prevent a worker from accessing the courts. Preventive work aims to organise decisions, records and working practices, reducing inconsistencies and improving the ability to respond.
Does this advice replace HR, accounting or the occupational health and safety team?
No. Those teams have their own responsibilities. Legal advice complements their work, helping interpret rules, assess risks and align records with actual operations.
Do small businesses also need an employment law review?
They may do. Scope should be proportionate to headcount, sector, hours, pay arrangements and use of contractors. Every business does not need the same package of measures.
Must the company provide all documents at the first contact?
No. General information is enough initially. Once the objective is understood, a limited, appropriate list of documents is recommended.
Are commission and performance awards treated the same way?
No. Commission forms part of salary. Prêmios have specific rules under Article 457 of the CLT, requiring assessment of their criteria and how payment works in practice.
Does outsourcing remove the commissioning company's liability?
Not automatically. Lei nº 6.019/1974 provides for the commissioning company's subsidiary liability for employment obligations relating to the service period, as well as safety and hygiene rules in the statutory circumstances.
Can the review focus only on terminations?
Yes. The engagement can be limited to a procedure, a restructuring phase or a specific case, according to the company's needs.
Does the annual discharge instrument release all obligations under the contract?
No. Article 507-B of the CLT requires trade union participation and limits the discharge effect to the payments expressly itemised in the instrument.
Is every out-of-court settlement approved?
No. The procedure requires a joint petition, separate lawyers and judicial scrutiny. Approval and the scope of the discharge depend on the case, the settlement's terms and the decision.
Can businesses outside the Federal District receive advice?
Yes. The firm provides online services throughout Brazil. Each engagement considers jurisdiction, the place of work, collective agreements and any need for in-person support.
Can you assist with proceedings already under way?
Yes. The firm can assess employment claims, inspections and administrative proceedings, subject to time limits, any existing representation and the viability of the case.
What is the time limit for an employment claim?
As a general rule, the Brazilian Constitution covers claims for the previous five years, provided proceedings are brought within two years after the employment contract ends. Specific situations require separate assessment.
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