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Employment rights in Pompeu, Brazil are governed primarily by federal labor law, applied locally through courts and public institutions that serve the state of Minas Gerais. The main legal framework is the Consolidaçao das Leis do Trabalho - CLT - together with constitutional protections, federal statutes and regulations that cover wages, working hours, benefits, job stability, health and safety, and procedures for dispute resolution. In practice most claims are heard by the Justiça do Trabalho - the labor courts - and enforcement is supported by public bodies such as the Ministério Público do Trabalho and regional labor authorities. Local employers and workers in Pompeu must follow these national rules while also observing collective agreements and union rules that may apply in their sector or region.
There are many situations where a labor lawyer can help protect your rights or resolve disputes efficiently. Common scenarios include:
- Wrongful termination or unclear dismissal reasons - to assess whether you are entitled to compensation, notice, FGTS payments and fines.
- Unpaid wages, overtime, 13th salary or vacation pay - to calculate owed amounts and pursue them formally.
- Denial of benefits such as FGTS deposits, INSS contributions or unemployment insurance - to secure retroactive payments and correct employer records.
- Workplace harassment, sexual harassment or discrimination - to seek remedies, protection and possible damages.
- Occupational accidents or repeated safety violations - to obtain compensation, accident reports and employer accountability.
- Contract issues - including interpretation of clauses, changes to working hours, outsourcing and intermittent contracts introduced by recent labor reforms.
- Collective bargaining and union disputes - to advise on rights under collective agreements and represent workers or unions in negotiations.
- Administrative complaints and enforcement - to file complaints with labor inspectors or the Ministério Público do Trabalho when conciliation is needed before litigation.
A lawyer experienced in labor law can evaluate your case, explain timelines and likely outcomes, prepare documentation, represent you in conciliation hearings and lawsuits, and negotiate settlements.
- National framework - The CLT is the principal code regulating employment relationships across Brazil, supplemented by the Federal Constitution and other federal laws. Key protections for workers are constitutionally established and implemented through CLT rules.
- Fundamental rights - Paid annual vacation, 13th salary (decimo terceiro), employer FGTS deposits, maximum workweek standards, overtime premiums, paid maternity leave and protections against discriminatory dismissal are among core rights. Most workers are also covered by INSS social security contributions.
- Working hours and overtime - The standard is commonly up to 44 hours per week or 8 hours per day, with overtime generally paid at a higher rate - the usual extra pay is 50% above the regular hour for overtime, with special rules for night work.
- Notice and termination - Notice of dismissal - aviso prévio - is normally at least 30 days and can increase with length of service up to a statutory maximum. Dismissal without just cause normally triggers indemnities including FGTS withdrawal and a fine paid by the employer. Unlawful or discriminatory dismissal can produce additional compensation.
- FGTS and social protections - Employers must deposit a percentage of the employee's salary into a FGTS account monthly. FGTS funds and related fines become relevant on dismissal without cause and in certain other situations such as serious illness or housing purchase.
- Maternity and stability - Pregnant workers have job stability from the time pregnancy is confirmed until a period after maternity leave. Maternity leave is generally 120 days, with extensions available under certain employer programs or public policies.
- Domestic workers and specific categories - Domestic workers and other specific categories are regulated by complementary laws that provide many of the same protections although some rules differ in detail.
- Labor reform and collective bargaining - The 2017 labor reform introduced flexible arrangements including remote work, intermittent contracts and greater role for negotiated agreements in some conditions. However, collective agreements and union rules still play a major role in local sectors.
- Enforcement and jurisdiction - Claims are filed at local Labor Courts and processed under rules of the Justiça do Trabalho. For Pompeu, most regional appellate matters fall within the Tribunal Regional do Trabalho da 3a Região - the regional labor court covering Minas Gerais. Labor inspection and administrative complaints are handled through the regional offices of the national labor authority and the Ministério Público do Trabalho.
First, gather all pay stubs, timesheets, the employment contract, bank statements and any written communications. Inform your employer in writing requesting payment and keep a copy. If the employer does not comply, contact your union or a labor lawyer, and consider filing a claim at the Vara do Trabalho or an administrative complaint with the regional labor inspection. A lawyer can calculate the exact amounts owed and represent you in conciliation or litigation.
Pregnant workers have special protections. In most cases you are entitled to job stability from confirmation of pregnancy until several months after returning from maternity leave. Dismissal during this protected period is restricted and may give rise to compensation. If you face dismissal while pregnant or on maternity leave, consult a lawyer or your union promptly.
In general you have up to two years after the date of termination to file a labor claim in the labor courts. Within that time you can claim rights accrued during employment for up to five years prior to the filing date. Because timelines are strict, do not delay in seeking advice or filing a claim.
Compensation depends on the grounds for dismissal and your contract. For dismissal without just cause common entitlements include unpaid salary and benefits, FGTS balances and the employer fine on FGTS deposits, payment of proportional 13th salary and vacation pay, and notice payments. If dismissal is discriminatory or in breach of special stability rules there may be additional damages. A lawyer can estimate totals and advise on strategy.
Overtime is normally paid at a premium rate - commonly 50% above the regular hourly rate for hours beyond normal work hours. Night work has a separate additional rate due to its higher burden. Exact calculations depend on your wage structure and the existence of any agreed compensation schemes. Keep time records and pay stubs for proof.
If you are injured, seek medical care immediately and request registration of the accident - Comunicaçao de Acidente de Trabalho - CAT. Inform your employer in writing and keep medical reports and receipts. If the employer fails to register the accident, a lawyer or union can help file the CAT and pursue benefits from INSS and possible compensation for employer negligence.
Material changes to working conditions, salary, and contract terms generally require your agreement or must comply with legal procedures and collective bargaining rules. Unilateral significant changes by the employer may be contested and can be considered constructive dismissal in some situations. Seek legal advice before accepting changes that reduce your rights or pay.
Yes. Recent labor regulation has recognized part-time, intermittent and remote work formats. These arrangements have specific rules about how hours are recorded, how pay is calculated and how benefits accrue. Contracts should clearly state the arrangement and its rules. If an employer misclassifies your contract to avoid obligations, you may have a claim.
If the employer fails to deposit FGTS contributions you should collect pay stubs, bank records and any employment documents showing wages. A lawyer or union can help demand deposits, calculate owed amounts and file a claim at the labor court. The employer can be ordered to deposit the funds and pay associated fines and interest.
Unions negotiate collective agreements that may set wages, benefits, working hours and other conditions for whole categories of workers. These agreements can sometimes improve on statutory rights. Check whether your workplace is covered by a collective agreement and ask your union for guidance. A lawyer can interpret agreements and represent you if the employer breaches them.
- Local Labor Court - Vara do Trabalho in your region handles first-instance labor claims. For appellate matters the Tribunal Regional do Trabalho da 3a Região covers Minas Gerais.
- Ministério Público do Trabalho - the regional procuradoria can act in public interest cases and help enforce labor rights where systemic violations occur.
- Regional labor inspection office - regional offices of the national labor authority supervise compliance and accept administrative complaints and inspections.
- Unions - sectoral unions represent workers, provide advice, and can start collective negotiations or support individual claims.
- Caixa Econômica Federal - administers FGTS accounts and can provide statements and guidance on FGTS balances and withdrawals.
- Defensoria Pública and legal aid programs - if you cannot afford a private lawyer you may be eligible for free or low-cost representation through public defender programs or union-provided legal services.
- Ordem dos Advogados do Brasil - OAB - Minas Gerais section offers lawyer referral services and can help you find a qualified labor attorney in the Pompeu area.
- Collect documents - gather your employment contract, CTPS entries, pay stubs (holerites), time records, termination notice, correspondence with the employer, medical reports, witness names and any other evidence.
- Record events - write a clear timeline of what happened including dates, conversations and actions you took. This helps a lawyer and the courts evaluate your claim faster.
- Contact your union - if you are a union member, contact them early for guidance and potential support.
- Seek legal advice - schedule a consultation with a labor lawyer to assess your case, confirm deadlines and learn about likely outcomes and fee structures. Ask whether the lawyer works on contingency - honorários advocatícios condicionais - or charges an hourly rate.
- Consider administrative routes - for some problems you can file an administrative complaint with labor inspection or the Ministério Público do Trabalho before or while preparing a court claim.
- Attempt conciliation when appropriate - many labor disputes are resolved through conciliation hearings at the Justiça do Trabalho. A lawyer can represent you in those sessions and help negotiate a settlement.
- File a claim within deadlines - if legal action is needed, make sure to file within the statutory period - generally within two years after termination - and be prepared to present your documentation and evidence.
If you are unsure where to start, take the documents you have to a local union office, the nearest labor court information desk or a labor lawyer for an initial assessment. Acting promptly protects your rights and preserves the best chance of a favorable outcome.
