Recruiting & Hiring guidelines

Background checks shall not be used to impede an applicant’s employment or lead to an employee’s dismissal (Extraordinary Appeal RR No. 243000-58.2013.5.13.0023). Running a background check into someone’s criminal record for certain roles, but you’re legally prohibited from discriminating against candidates based on a minor offense or criminal investigation. General Data Protection Law or Law nº13.709/2018), which regulates how companies can use personal data in Brazil. This new legislation limits the amount of personal data that can be used by companies, including in the process of background checks.

While conducting background checks during the hiring process is permissible, we must respect the privacy of candidates by:

• Obtaining consent from applicants before initiating background checks.
• Collecting only relevant information critical to the job role.
• Securing all personal data and maintaining confidentiality.

Background Checks

Background checks shall not be used to impede an applicant’s employment or lead to an employee’s dismissal (Extraordinary Appeal RR No. 243000-58.2013.5.13.0023). Running a background check into someone’s criminal record for certain roles, but you’re legally prohibited from discriminating against candidates based on a minor offense or criminal investigation.

General Data Protection Law or Law nº13.709/2018), which regulates how companies can use personal data in Brazil. This new legislation limits the amount of personal data that can be used by companies, including in the process of background checks. While conducting background checks during the hiring process is permissible, we must respect the privacy of candidates by:

• Obtaining consent from applicants before initiating background checks.
• Collecting only relevant information critical to the job role.
• Securing all personal data and maintaining confidentiality.

Verification and New Hire Reporting

Pursuant to Law No. 13,874, which was in force since September 20, 2019, the CTPS will be preferably issued electronically, and the employer has 5 days from the hiring date of the employee to proceed with the proper registration in the CTPS. This registration must also be executed in the event of termination of the employment contract. Employers in Brazil must enroll employees in social security programs and ensure timely contributions to:

• Social security (INSS) for retirement, work-related injuries, and sickness benefits.

Onboarding Process & Documentation

At this time, Vensure does not have onboarding process and documentation details available.

Healthcare

At this time, Vensure does not have healthcare details available.

Retirement

At this time, Vensure does not have retirement details available.

Social Security

At this time, Vensure does not have social security details available.

Employment Contract Details

Prepare employment offers in alignment with Brazil’s legal requirements, ensuring that remuneration and job conditions are clearly communicated.

• Terms of employment: start date, job title, duties, and responsibilities
• Compensation: salary, bonuses, and any other financial benefits
• Working hours: specified work schedule, including overtime provisions
• Termination conditions: terms and circumstances under which the contract can be terminated
• Confidentiality agreements: clauses related to company secrets and intellectual property

Customize sections specific to each job role and individual agreements.

Probation Period

Specify any trial period, which under CLT, cannot exceed 90 days.

Visas

Types:

• Business, Transitory, Work, Investor, Technical, Tourist.

General Requirements:

• Passport, visa form, photos, itinerary, financial proof, invitation letter.

Process:

• Apply online or at consulate, attend interview, receive visa.

Compliance:

• Stay within visa scope and duration

Independent Contractors

Argentina has strict rules distinguishing employees from independent contractors to prevent misclassification: The distinction is based on “subordination”:

• Employees: Work under the employer’s control, follow internal rules, and receive benefits.
• Independent Contractors: Operate autonomously, manage their own schedules, and bear business risks.

Misclassification Risks

Employers who misclassify workers may face:

• Fines.
• Back payments for wages, benefits, and social security.
• Legal action and reputational damage.

Contracts must clearly define the nature of the relationship. Courts will look beyond the contract at the actual working conditions.

Paid Time Off

Employees are entitled to 30 days of paid annual leave after completing 12 months of service. This can be split into separate periods under specific conditions.

Public Holidays

• Universal Confraternization
• Martyrs’ Day
• Labor Day
• Independence Day
• Patron’s Day
• All Souls’ Day
• Proclamation of the Republic
• Christmas

Bereavement

At this time, Vensure does not have bereavement details available.

Maternity Leave

Maternity leave is 120 days.

Paternity Leave

Paternity leave is typically 5 days.

Parental Leave

There is no broader parental leave for Brazil at this time.

Sick Leave

Up to 15 days of paid sick leave is supported by employers, with additional days covered by social security assessments.

Termination Requirements

Only permissible under specific documented conditions. Adequate steps should be taken to record any misconduct, including:

• an act of dishonesty;
• intemperance of conduct (related to inappropriate sexual behavior) or misconduct;
• habitual trading on the employee’s own account without the employer’s permission, or when it constitutes an act of competition to the employer or is harmful to the business;
• the final criminal conviction of the employee if there has been no suspension of execution of the sentence;
• negligent performance of duties;
• habitual alcohol intoxication in the workplace (an attested illness is not considered a cause for termination);
• a breach of the company’s secrecy;
• an act of indiscipline or insubordination;
• abandonment of employment;
• physical violence or acts against a person’s honor or name during work, except in the case of self-defense or defense of third parties;
• or the customary practice of gambling in the workplace.

Notice Period

The notice period can be up to 30 days, extended three days for each year of service by law (limited to 90 day).

Severance Pay

Provided based on the employee’s tenure and cause of termination; typically, it includes 40% of the FGTS balance:

• a termination notice to be signed by the employee;
• a note of the termination information in the employee’s electronic human resources file;
• delivery to the employee of the necessary documents to enable them to withdraw the FGTS balance added to the applicable fine and to receive unemployment insurance; and
• submission, in the month following termination, of information regarding the termination to the labor authorities through the appropriate forms (no prior authorization is required; in a collective dismissal, negotiation with the applicable union may be required).

Unemployment Insurance

Applies to formally employed private sector workers. Benefits are paid for three to five months, depending on workers’ formal employment history.

• Three payments are made if a worker was employed for between six and eleven months during the last 36 months.
• Four payments are made if a worker was employed for between 12 and 23 months during the last 36 months.
• Five payments are made if a worker was employed for at least 24 months during the last 36 months.

Anti-Discrimination Practices

Discrimination based on race, gender, age, religion, marital status, disability, or any other personal characteristic is prohibited. To ensure compliance:

• Use standardized job descriptions and requirements free from biased language.
• Implement structured interview processes, focusing on skills and qualifications.
• Offer equal opportunities for job candidates from diverse backgrounds.
• Regularly train HR staff and hiring managers on diversity and inclusivity principles
• Law No. 8,213/1991 provides that every company with at least 100 employees is obliged to hire disabled employees or those submitted to professional rehabilitation.

Workplace Safety Standards

No safety standards found at this time.

Workers’ Compensation

• A working accident (or occupational accident) happens when an employee suffers an organic injury, malfunction, or even death caused by the activities performed at work.
• An occupational illness is considered a pathological state derived from the activities performed during work.

Employees who suffer from a work-related accident or illness shall be entitled to:

• Medical and Surgical Assistance
• Rehabilitation
• Hospitalization
• Medication and Curative Materials
• Necessary Prosthetic and Orthopedic Devices
• Indemnity

Labor Law Sanctions

Violation of Employment Standards: Employers who fail to comply with minimum wage, overtime, rest periods, or paid leave requirements may face fines, mandatory back-pay, and labor court actions.

Unlawful Termination: Dismissing employees without just cause or failing to follow proper procedures can result in severance penalties, reinstatement orders, or compensation for moral damages.

Workplace Discrimination and Harassment: Discrimination based on race, gender, disability, or other protected characteristics may lead to civil liability, administrative fines, and corrective measures ordered by labor courts or human rights bodies.

Occupational Health and Safety Violations: Unsafe working conditions or failure to comply with safety regulations can trigger stop-work orders, fines, and in severe cases, criminal prosecution under the Westray Law equivalent.

Forced Labor and Degrading Conditions: Under Article 149 of the Penal Code, subjecting workers to slave-like conditions—including debt bondage or restricted movement—can lead to imprisonment, asset seizure, and blacklisting of companies from public contracts.

Failure to Register Employees: Employing workers without proper registration or labor contracts may result in fines per unregistered worker, tax penalties, and social security liabilities.

Non-Compliance with Collective Bargaining Agreements: Violating terms negotiated with unions—such as salary adjustments or benefits—can lead to legal disputes, penalties, and damages.

Obstruction of Labor Inspections: Refusing access to labor inspectors or failing to comply with inspection orders may result in escalating fines and legal action.