Brazil

While there are generally four ways of employing people across borders, not all are legal or sensible. Here is an overview of each way to employ a worker in Brazil, outlining the potential cons.

HQ country employment & payroll
While the person is in Brazil, they are employed and paid directly by the company’s HQ entity. This option may appear attractive, but it generally isn’t legal in the long term. Also, HQ payroll won’t be possible if the person is not a tax resident in the HQ country.

Independent contractor agreements
People in Brazil are registered as sole traders or as owners of limited liability companies and invoice for their work. There is no direct employment relationship. In Brazil, this is not a compliant or legal way to engage full-time workers who work solely for your company. There will be challenges in attracting and retaining talent.

Direct local employer setup
The company sets up as a fully-compliant local employer. This often involves setting up a local entity and local tax registration. The downside is that this option is expensive, time-consuming, and of a high level of complexity. There are several unknowns around how obligations and costs will evolve over time. There will be a need to stay on top of changes in regulations.

Partnering with an Employer of Record or full-service Professional Employer Organisation
Employment is handled by a platform that specialises in employing people on behalf of customer companies. The Employer of Record helps to hire and pay employees. For some countries, the ongoing costs may be higher than direct employment. Some education is needed to inform employees about how the employment relationship will work.

Setting up a local company in Brazil is very complicated. It gets even more complicated when you add all the monthly activities such as running and managing payroll for employees, filing taxes, extending and managing employee benefits, and following changes in local labour law rules and regulations.

While many employers practice employing remote workers as independent contractors, it’s a bad practice. If an individual is giving their full and undivided attention to your company in Brazil, treating them as an independent contractor is a likely breach of Brazilian employment laws and of those in your country.

Your company could be liable for fines on owed holiday pay, sick leave pay, social welfare payments, paternity benefit, maternity benefit, or other legal measures. Since the individuals you are working with do not receive the benefit of local employment laws and protections that are often afforded to people working full-time hours.

Read more on why hiring remote people as independent contractors is a bad idea.

When you hire employees in Brazil, you have certain obligations as an employer. HR compliance is about ensuring your policies and procedures respect all applicable laws and regulations regarding employment and work practices. Complying with local employment law in Brazil is fundamental for the correct running of your business – not only because these laws are in place to protect employees and guarantee their rights are safeguarded, but to minimise your risk of liabilities as an employer. Being compliant means respecting and following all local labour laws, sick leave and illness benefits, annual leave, minimum wage, tax credits, working hours regulations.

As with every other country, there are certain costs associated with employing a worker in Brazil that come on top of the gross salary you are offering. A Brazilian employer must contribute to social insurance, pension, and work accident insurance, as well as a 13th-month salary, holiday bonus and FGTS penalties. To view the exact percentages and amounts given the salary you are planning to offer, you can use our handy calculator tool.

It means that Boundless is the legal employer of the individual, as far as the Brazilian government, tax, and employment authorities are concerned. We are responsible for:

• informing you about any pre-employment requirements
• ensuring their employment is compliant with Brazilian employment law
• informing you about the length of the maternity leave, paternity leave, public holidays, illness benefits, medical benefits
• providing a locally compliant employment contract
• processing local payroll
• filing employment-related tax returns
• issuing payslips to the employee
• distributing salary payments
• payments to the local tax authorities

Customers that work with an Employer of Record in Brazil are responsible for:

• sourcing and recruiting their own workers
• managing the employee’s day-to-day work load
• contributing to the personal / professional development of the employee through their work
• following any guidance we give on employment and HR best practices or legal obligations in Brazil, such as the employment contract, public holidays, annual leave, sick leave, maternity and paternity benefits, probationary periods, overtime pay, statutory redundancy payments, liability insurance and many others
• ensuring that payroll bills relating to their team are paid to Boundless before the cut-off point in each pay cycle

Boundless as the Employer of Record Brazil files all pertinent taxes and social security contributions as they relate to the compliant employment of an individual in Brazil.

We carefully choose employment lawyers or advisories to partner with in each country we operate in, including Brazil. They ensure the Brazil employment contracts, and any other relevant documents required for new employees comply with the local jurisdiction. We thoroughly discuss specific local laws and key employment aspects such as payroll services, social protection, data protection, notice period, work-from-home employment regulations and clarify how collective bargaining agreements affect them. Whenever a potentially sensitive issue arises in Brazil, our internal team contacts the relevant firm to ensure all steps are taken to resolve it promptly.

The company remains responsible and informs employees of the day-to-day management of the people and teams that are employed through Boundless, including any disciplinary or performance issues.

Boundless ensures compliance with Brazil-specific procedures, practices local labour laws and collective bargaining agreements while employing people and teams on behalf of the company.

Any new employee that is locally employed through an Employer of record gets full employment rights and benefits as specified in Brazilian labor law. They get a locally compliant employment contract, statutory maternity leave, annual leave, illness benefits, any relevant tax credit, and many more.

In Brazil, both employers and employees have to pay taxes. For employers, these include social insurance, pension, and work accident insurance, as well as a 13th-month salary, holiday bonus and FGTS penalties. Employees pay social security tax as well as income tax.

To get a clear overview of both employee and employer taxes, use our salary breakdown calculator to submit any additional data needed and get a downloadable PDF via email.