Employee
Discover what it means to be employed in Brazil, the legal definition, the main guaranteed rights, and the factors that characterize this employment relationship.
The concept of an employee is present in various situations in Brazilian daily life. Anyone seeking to enter or remain in the job market needs to understand the importance of this position and its legal implications.
In Brazil, an employee is someone hired to provide services to an employer, with a relationship governed by time, subordination, and defined remuneration. In other words, there are clear rules and legal protections to ensure the worker's rights.
The Consolidation of Labor Laws (CLT) defines what characterizes this relationship, especially in its Article 3. Rights such as vacation, 13th-month salary, and prior notice guarantee greater security in the employment relationship.
How does the employment relationship work?
An employment relationship requires five essential elements: a natural person, the provision of personal services, continuity, remuneration, and subordination to the employer.
This means that the employee must be an individual, perform tasks personally and continuously, receive a fixed salary, and follow company orders.
Furthermore, the work cannot be sporadic. Regularity is fundamental to establishing an employment relationship and guaranteeing the rights stipulated in the CLT (Brazilian Labor Law).
Employees are also protected against dismissal without just cause, through the payment of severance pay as provided for in current legislation.
This protection aims to prevent precarious relationships and guarantee the payment of essential rights.
Main employee rights
Several benefits accompany employees under the CLT (Brazilian labor law) regime, which go beyond the salary registered on their employment record.
Among these benefits, the right to paid vacation after one year of work stands out, in addition to an extra one-third of the salary amount.
Another right is the 13th-month salary, paid in two installments at the end of the year, boosting the worker's income.
Workers are also entitled to prior notice, FGTS (Brazilian severance pay fund), maternity leave and paternity leave, in addition to social security protection.
These benefits demonstrate the legal commitment to supporting the employee and valuing their professional dedication.
The employee and Social Security
Social security legislation broadens the definition of employee, including situations not covered by the CLT (Consolidation of Labor Laws), in order to protect more people.
In the INSS (Brazilian National Social Security Institute), for example, those considered employees include those who provide urban or rural services, those hired on a temporary basis, or those working abroad for national companies.
Public servants holding appointed positions or employees of foreign diplomatic missions in Brazil are also eligible.
The goal is to guarantee social security coverage and access to benefits such as retirement, sick pay, and maternity leave for this diverse group.
In this way, the employee's social protection is expanded, becoming more comprehensive and inclusive.
Difference between employee, self-employed worker and intern.
Although they may seem similar, employees, self-employed workers, and interns have distinct rules and rights.
The employee has a formal employment contract (CLT), is subordinate to the employer, and has rights guaranteed by law.
A self-employed worker, on the other hand, operates independently, is not subordinate to orders, and does not have a formal employment contract.
The intern, on the other hand, is in training and has specific rules, without establishing an employment relationship.
This distinction is fundamental to preventing fraud, guaranteeing rights, and protecting all parties involved.
Information Table of Employee Rights
| Right | Description |
|---|---|
| Paid vacation | 30 days after 12 months of work, with an additional 1/3. |
| 13th salary | Extra payment in two installments at the end of the year. |
| FGTS | Monthly deposit made by the employer |
| Maternity leave | 120 days guaranteed for pregnant women |
| Notice in advance | Advance notice of dismissal/termination |
List of employee responsibilities
- Comply with company rules.
- Perform tasks as directed by the employer.
- Preserving the company's assets
- Maintain attendance and punctuality.
- Maintaining professional secrecy
Conclusion
Being employed in Brazil brings with it important rights and essential obligations for the balance of professional relationships.
Understanding the legal concept and associated guarantees is fundamental to working in the labor market with security and dignity.
In this way, both employers and employees can build fairer, more transparent, and more productive relationships for everyone.
