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Brazilian Employment Law · Nova Serrana/MG

Footwear in Nova Serrana: adhesive composition and actual working practices come before any supplement

Preparation, upper stitching, gluing, assembly, finishing and homeworking involve different exposures and methods of monitoring. Products, ventilation, working hours, output and symptoms must be documented without automatic conclusions.

General legal information. Any entitlement depends on the facts, records, collective rules and, where applicable, expert evidence.

Worker assembling footwear in a workshop in Nova Serrana

Adhesives and solvents

Composition, exposure, ventilation and protection

OAB/MG No. 230.667

Professional registration in Minas Gerais, Brazil

Factory work and homeworking

Working hours, output, employment status and health assessed on the facts

Chemical exposure

An adhesive's trade name does not determine the agent or the rate

The safety data sheet and method of use are essential to identify which substances were present.

Adhesives, primers, cleaners and solvents may contain different mixtures. Assessment starts with the safety data sheet, known in Brazil as the FDS, labels and the period when the product was used.

Manual or mechanised application, quantity, frequency, ventilation, skin contact, respiratory protection, gloves and collective measures must then be checked. Only then is classification under the current NR-15 annexes examined.

Health literature links some solvents, including n-hexane, to neurological effects. Symptoms such as tingling or loss of strength require medical assessment and investigation of occupational history; they do not establish a diagnosis or causal link automatically.

Situations we assess

Production stages that may require checking

Exposure and remuneration methods vary between factories, workshops, subcontracted production units and work carried out at home.

  • Preparation, cutting, skiving and upper stitching
  • Gluing, assembly, pressing and finishing
  • Cleaning parts, lasts and tools
  • Stores, mixing and product supply
  • Workers paid by piece or output
  • Sewing and assembly workers working at home
  • Employees of small workshops and contractors
  • People with neurological, respiratory or skin symptoms

Areas of assessment

Issues that may need checking

The list helps identify relevant issues, but cannot establish that a particular payment is due without examining the case.

Product identification

FDS safety data sheets, labels, manufacturer, period and composition guide the assessment of each adhesive or solvent.

Unhealthy working conditions involving chemicals

Classification, exposure and protection must be assessed under the current NR-15 annexes for the Brazilian insalubridade supplement.

Ventilation and PPE

Extraction, air renewal, gloves, respirators, replacement and training affect prevention and evidence.

Occupational health

Symptoms, diagnosis, history and causation require an individual medical and documentary assessment.

Piecework production

Calculation method, targets, pace, breaks and working hours must be checked together.

Homeworking

Subordination, personal performance, monitoring, supplies and business risk determine any employment relationship.

Registration and payments

Periods without employment registration, undeclared wages and production pay discrepancies require specific evidence.

Accidents and protected employment

CAT accident notifications, benefits, diagnosis and causation may have employment and social security consequences.

Would you like to organise your documents before deciding?

Initial advice identifies the facts, periods and records that need checking.

Explain my situation

Employment time limits

The contract end date needs checking

As a general rule, the Brazilian Constitution allows two years after the contract ends to bring proceedings, and limits recovery to entitlements from the five years before the claim is filed.

2 years

General period from the end of employment for bringing an employment claim.

5 years

General reach of entitlements preceding the claim, subject to the particular circumstances.

For occupational disease, preserve the dates of examinations, diagnoses, absences and changes of role. These events may affect the assessment of time limits.

Organising documents

What helps with assessment

You do not need every document at first contact. The aim is to identify what exists and what will need to be requested.

Products and FDS

Authorised photographs of labels, safety data sheets, instructions and records of the products used.

Contract and payments

Employment record book, receipts, payslips, production notebooks, transfers and piecework criteria.

Working hours and monitoring

Time records, messages, deliveries, targets, collection of materials and return of finished work.

Health

ASO occupational health certificates, medical certificates, examinations, CAT accident notifications, benefits and clinical history related to the symptoms.

Environment and protection

PGR risk management programme, expert reports, ventilation, PPE records, training and workstation information, where available.

Work at home

Messages, instructions, materials supplied, regularity, exclusivity, supervision and method of payment.

Transparency

What does not establish an entitlement by itself

The activity, sector or an isolated impression cannot replace assessment of facts and evidence.

  • Glue or solvent does not automatically mean entitlement to the highest rate of unhealthy working conditions pay.
  • Composition may vary between brands and periods; the correct FDS is essential.
  • A neurological, respiratory or skin symptom alone does not prove an occupational causal link.
  • Piecework pay neither removes working time limits nor proves overtime on its own.
  • Work at home may or may not constitute employment, depending on the actual relationship.
Alex Rodrigues Alves, the Brazilian lawyer responsible for the service

Who will assist you

Alex Rodrigues Alves

A Brazilian lawyer specialising in Employment Law and Procedure and Social Security Law, with a background in Law, Accounting and Economics.

The lawyer responsible is registered with OAB/MG under No. 230.667 and specialises in Brazilian Employment Law and Procedure and Social Security Law. Advice treats chemical exposure, health, working hours and any employment relationship separately to avoid unsupported technical conclusions.

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

Questions before first contact

General answers for guidance. Conclusions depend on the records and circumstances of each contract.

Does footwear adhesive always qualify for the highest rate of unhealthy working conditions pay?

No. The product's composition, activity, nature and duration of contact, ventilation, protection and applicable NR-15 classification must be identified. The rate cannot be presumed from the word glue or solvent.

Is n-hexane currently in the NR-15 Annex 11 table?

The current Annex 11 table must not be presented as automatically listing this agent with a defined rate. The mixture must be identified from its safety data sheet and compared with the annexes and criteria that actually apply.

Can tingling and loss of strength be related to solvents?

Some solvents, including n-hexane, are associated with neurological effects, but symptoms require medical assessment, an exposure history and investigation of other causes. A causal link cannot be concluded from a person's account alone.

Does piecework pay rule out overtime?

No. The method of remuneration does not remove working time limits. Working hours, monitoring, breaks and the calculation of production pay must be checked.

Is someone who sews at home an employee of the factory?

It depends on the facts. The requirement to perform the work personally, subordination, regularity, monitoring, provision of materials and business risk must be assessed. Homeworking neither creates nor rules out employment automatically.

Does PPE settle the discussion about chemicals?

Not by itself. Suitability for the product, training, replacement, sealing, actual use and collective measures must be checked, along with the agent's technical classification.

WhatsApp messages can be received in different languages. Telephone calls are available in Portuguese, English and Spanish.

Initial contact

Explain the working context

Tell us the company or workshop, role, period, products used, ventilation, protection, method of payment and any symptoms or absence from work.

This form prepares a message in your browser. Avoid health information, information about children and details of legal proceedings. See the Privacy Policy.

Do not send identity documents, bank details, medical examinations or detailed intimate accounts through the initial form. If assessment proceeds, the firm will indicate an appropriate channel.

Prefer to speak directly?

Online legal advice in Nova Serrana and throughout the state of Minas Gerais, with in-person appointments in Ceilândia Sul, Brasília/DF, Brazil.

QNM 01 Conjunto H, Lote 40, Sala 102, Ceilândia Sul, Brasília/DF, CEP 72215-018
Monday to Friday, 8 am to 5 pm.

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