CLT contract terms and probation, explained for employers abroad

A Brazilian employment contract is, by default, open-ended: the indefinite contract is the normal form, and anything shorter needs a legal reason. The CLT (Consolidação das Leis do Trabalho, the labour code) does allow an indefinite contract to arise tacitly or verbally under art. 443, a point we have flagged as not re-read for 2026. In practice nobody should rely on that. Put the terms in writing, in Portuguese, and give the employee a copy before day one.

Some terms have to be written down. Anyone hired to work remotely (teletrabalho) needs that said in so many words in their own contract, along with written arrangements for equipment and costs, as the CLT’s teletrabalho articles (75-A to 75-F) require. Leaving those out of a remote hire’s contract is one of the easier mistakes to avoid.

Registration is separate from signature. Within five business days of the hire, the hire must appear on the worker’s digital carteira de trabalho (CTPS), with its start date, agreed pay and any unusual conditions entered (CLT art. 29), and in practice this happens through the eSocial admission event S-2200 before work starts. With Employer of Record Brazil, it is the employer of record that signs the contract as legal employer and files the registration; you agree the commercial terms, the role and the start date.

Collective agreements also shape the contract. The CCT that applies is generally set by what the employer mainly does and where the work happens, which in an EOR set-up usually points to the employer of record’s category rather than yours. We flag that as a point to verify per hire, because the CCT may fix a minimum pay rate, the month for yearly increases and a list of benefits.

For the full sequence from offer letter to first payslip, our step-by-step guide to hiring a CLT employee sets out who does what.

A probationary contract, the contrato de experiência, can run for a maximum of 90 days (CLT art. 445, parágrafo único). That ceiling is firm, and there is no statutory way to stretch a trial beyond it.

Within the 90 days the contract is generally understood to allow one extension only (CLT art. 451). This is one of the points not re-checked for 2026, so confirm it with the employer of record, but it explains a pattern you will see often in Brazilian offers: a first period such as 45 days, renewed once for another 45. A single 90-day term is simpler and removes the risk of a second, invalid renewal.

The trial does not reduce the worker’s rights. From the first day the employer of record’s payroll deducts employee INSS, withholds income tax where due and pays 8% of salary each month into the worker’s FGTS account (Lei 8.036/1990 art. 15). The employee is a full CLT employee throughout, with the same salary you would pay after confirmation.

A worked figure helps finance teams see the commitment. Assume a São Paulo hire on R$ 15.000,00 a month, an employer on lucro real or lucro presumido, and employer charges of 35.8% (20% employer INSS, an accident rate of 2%, 5.8% in levies for other public bodies and 8% FGTS). Each trial month then costs R$ 15.000,00 in salary plus R$ 5.370,00 in charges, so the full 90 days come to about R$ 61.110,00 before the EOR fee from USD 560 a month. The example leaves out accruals toward the 13º salário and férias, which build up from the first day, and any benefits the CCT requires.

Use the period for what it is designed for. Set two or three concrete objectives at the start, schedule a check-in around day 30 and another around day 60, and tell the employer of record your decision well before the end date so that paperwork is ready either way.

At the end of a successful trial the job normally carries on as an indefinite contract, which is the default form in Brazil. Many employers send a short confirmation letter so the employee knows where they stand.

If the trial is not working, act before the end date and through the employer of record. Ending a contrato de experiência, early or at expiry, has its own payment calculation, and it may not follow the aviso prévio scale used for indefinite contracts, which starts at 30 days’ notice and adds three days per year of service up to 90 (Lei 12.506/2011). Ask the employer of record to quote the exact figure before anyone speaks to the employee.

Two further points deserve care. Some employees have job protection that can apply even during a trial; pregnancy is the usual example, with protection generally described as running from confirmation of pregnancy to five months after birth. We treat that rule as unverified for 2026, so take legal advice before ending any trial where it might be relevant. The second point is timing: a trial that silently runs past its end date should be assumed to have become an ordinary open-ended contract.

Whatever the outcome, the employer has 10 days from the end of the contract to pay what is owed (CLT art. 477 §6), and claims can be brought up to two years afterwards. A well-documented trial with dated feedback is the best protection for both sides.

A fixed-term contract, or contrato por prazo determinado, is the exception in Brazil and is generally limited to transitory services or activities, plus the trial contract itself (CLT art. 443 §2). The rules below are widely cited but flagged as not re-read for 2026, so confirm them with the employer of record before offering a fixed term.

• Maximum length is usually given as two years (CLT art. 445).
• More than one extension turns the contract into an indefinite one (art. 451).
• A new fixed-term contract with the same person generally needs a six-month gap (art. 452).

Project roles are the typical use: a system migration, a launch with a known end, a replacement during a long absence. Labelling a permanent role as fixed-term to avoid dismissal costs risks the contract being treated as indefinite.

Temporary work, trabalho temporário, is a different regime again. Under Lei 6.019/1974 placing temporary workers is reserved to agencies that hold a licence and appear on the Ministério do Trabalho register, and only to replace permanent staff for a period or meet additional demand, for up to 180 days plus 90. That framework has its own licensing and capital rules and is distinct from a direct CLT hire made by the employer of record on your behalf.

For most foreign companies building a team, the practical answer is an indefinite contract with a 90-day contrato de experiência at the front. It is the structure employees expect and the one that raises the fewest questions later.

The standard jornada (working day) is capped at 8 hours per day and 44 per week, set by the Constitution (art. 7º, XIII) and CLT art. 58. No more than two hours of overtime may be added to a working day (CLT art. 59).

Overtime costs more than normal time. The Constitution requires a premium of at least 50% (art. 7º, XVI), hours worked at night attract an extra 20% (CLT art. 73), and paid weekly rest (DSR, Lei 605/1949) also enters the calculation. We list those three as stable but not re-read for 2026. The applicable CCT (convenção coletiva de trabalho) frequently improves them, and CLT art. 611-A lets negotiated terms override the statute on a defined list of subjects.

Write the schedule into the contract. A common pattern for office roles is Monday to Friday, eight hours with a lunch break, plus four hours spread across the week or on a Saturday morning to reach 44. Whatever pattern you choose, give the employer of record the agreed timetable so that any overtime can be checked against it when payroll closes each month. Some employers prefer a shorter week, such as 40 hours; ask the employer of record how that sits with the CCT before you offer it.

A change may be coming. PEC 221/2019, the proposal to end the escala 6×1 and move to a 40-hour week with no pay cut, won both Câmara rounds on 27 May 2026, then the Senate CCJ on 2 September; the plenary vote was pushed back until after the October elections, so on 25 September 2026 the statute still says 44 hours. Our note on the 40-hour-week proposal tracks what to plan for.

The employer of record’s template will cover the statutory basics, so your job is to make sure the business-specific terms are in it before the employee signs. Raise these points when you send the offer details.

• Job title and a short description of duties, in Portuguese, matching what the employee will actually do.
• Place of work, and an express teletrabalho clause with equipment and expense terms for remote or hybrid staff.
• Weekly hours, the schedule and how overtime is approved.
• Trial structure: one 90-day term, or two periods within 90 days.
• Salary, benefits and which CCT the employer of record applies to the role.
• Confidentiality and ownership of work product, drafted by a Brazilian lawyer.

The ownership clause is worth its own conversation, particularly for engineering and design roles; our article on IP and inventions with Brazilian staff explains why. Remote staff need the extra detail covered in our piece on teletrabalho rules.

Benefits deserve a specific line. Meal or food vouchers (vale-refeição or vale-alimentação) have no statutory basis of their own, yet the CCT often requires them, and the transport voucher (vale-transporte) must be provided when the employee asks for it. Knowing which of these apply before the offer stops a gap between the salary you quote and the package the employee expects.

Keep your own record of what you asked for and what the final contract says. When a question comes up in year two, that note will save an afternoon of searching.