Best Hiring & Firing Lawyers in Palhoca

About Hiring & Firing Law in Palhoca, Brazil

Hiring and firing in Palhoca follows Brazilian federal labor law, primarily the Consolidation of Labor Laws known as the CLT, the Federal Constitution, and complementary statutes such as the General Data Protection Law for recruitment data and the laws on apprentices, interns, and outsourcing. Santa Catarina also has a state minimum wage known as the piso salarial estadual that may set higher floors for pay depending on the sector. In practice, collective bargaining agreements negotiated by local unions in the Greater Florianopolis area often add industry-specific rules on working hours, benefits, and termination procedures. Disputes are handled by the Labor Courts under the Regional Labor Court of the 12th Region, which covers Santa Catarina.

For both employers and employees in Palhoca, success in hiring and separation requires careful attention to contracts, documentation, pay and benefit calculations, notice and severance rules, and protections for specific categories of workers. Brazil places strong emphasis on written records, timely filings through eSocial, and strict compliance with anti-discrimination and workplace safety standards.

Why You May Need a Lawyer

You may need a lawyer if you are setting up hiring processes, drafting employment agreements, or implementing remote work, variable schedules, or bank of hours arrangements. Legal advice is especially helpful when applying the Santa Catarina state wage floors, interpreting local collective bargaining rules, and handling sensitive personal data in recruitment in line with the LGPD.

Counsel is crucial when terminating employment. A lawyer can assess whether dismissal is without cause or for just cause, calculate notice and severance, identify any stability protections such as pregnancy or job accident, and prepare the correct forms and eSocial events. Employers can mitigate risk of wrongful dismissal claims, while workers can verify whether all amounts were properly paid and whether stability or unemployment insurance applies.

Other common situations include mass layoffs, outsourcing and co-employment risk, conversion between contractor and employee status, hiring apprentices or interns, compliance with quotas for people with disabilities, workplace investigations and disciplinary actions, and defense or filing of claims before the Labor Courts and the Labor Prosecution Service.

Local Laws Overview

Federal framework - The CLT governs hiring, working time, pay, benefits, health and safety, and termination. The 2017 labor reform updated rules for agreements and remote work and introduced mutual termination by agreement. Outsourcing was expanded by federal law, but contractors and clients must observe labor and safety duties.

State minimum wage in Santa Catarina - The piso salarial estadual sets minimum wages by category in Santa Catarina and may exceed the federal minimum. Employers in Palhoca must apply the applicable piso or any higher wage floor set by a collective agreement for the category.

Collective bargaining - Unions in the region negotiate collective agreements that may establish wage floors, meal vouchers, working hours arrangements, and pre-dismissal stability or additional procedures. These instruments are binding on covered employers and employees.

Hiring mechanics - Admissions must be registered in eSocial, with digital employment records reflected in the CTPS digital. Pre-employment exams follow occupational health rules, and medical monitoring is guided by NR-7. Discriminatory hiring practices are prohibited, including pregnancy or sterilization tests.

Working time and pay - Standard limits apply to daily and weekly hours, rest breaks, weekly paid rest, overtime with statutory additional pay, and night work premiums. Agreements may allow bank of hours or flexible schedules within legal parameters. Telework requires written terms that address equipment, cost reimbursement, and time control rules.

Termination - Termination without cause requires notice, payment of accrued rights, FGTS fine, and delivery of termination documents and health exam. Termination for just cause requires a serious breach, proportionality, and proper documentation. Certain categories have temporary job stability. Collective dismissals do not legally require prior union negotiation per Supreme Court precedent, but dialogue is recommended and may be required by a collective agreement.

Dispute resolution - Individual and collective disputes are processed in the Labor Courts under the TRT-12. Many cases are resolved in conciliation sessions. The Labor Prosecution Service may act in public interest matters or serious labor violations. Labor inspectors from the Ministry of Labor and Employment conduct audits in Santa Catarina.

Frequently Asked Questions

What documents are required when hiring an employee in Palhoca

Employers typically need personal identification, CPF, proof of address, work and social security records via CTPS digital, PIS or NIS, proof of schooling or professional credentials, and records needed for eSocial registration. A pre-employment medical exam is required under occupational health rules. Any data collected must comply with the LGPD, with clear purpose and minimal data collection.

Can an employer require pregnancy, HIV, or genetic tests during hiring

No. Brazilian law prohibits discriminatory practices in hiring and employment, including demands for pregnancy tests or certification of sterilization, and medical tests not related to job fitness. Violations can lead to penalties and damages.

How long can a probationary or experience contract last

A contrato de experiencia can last up to 90 days, often split into two periods. Termination during or at the end of this period follows specific CLT rules for notice and payments. Even during probation, protections such as pregnancy stability apply.

What is the minimum wage that applies in Palhoca

Employers must observe the higher of the federal minimum wage, the Santa Catarina piso salarial estadual for the applicable category, or the wage floor set by a collective agreement. The exact values change over time, so employers should check the current state law and the relevant collective agreement for the category.

How is overtime paid and how do bank of hours arrangements work

Overtime generally requires an additional percentage on top of the regular hourly rate and must observe daily and weekly limits. Bank of hours arrangements allow compensation of extra hours with time off under terms set by law and by collective agreements. Records of hours must be accurate, even in telework, and rest periods must be respected.

What payments are due on termination without cause

Typical items include salary balance, accrued and proportional vacation with one third bonus, proportional 13th salary, notice period worked or indemnified, FGTS deposits, a 40 percent FGTS fine, and delivery of documents to access FGTS and unemployment insurance if the employee qualifies. Employers must file the termination event in eSocial and provide the occupational health exit exam.

When is dismissal for just cause valid

Just cause applies to serious contractual breaches such as dishonesty, insubordination, abandonment, or other conduct listed in the CLT. It requires prompt response, proportionality, and proof. Because it removes several severance rights, it is often litigated, so careful investigation and documentation are essential.

Who has job stability and cannot be terminated without cause

Examples include pregnant employees from confirmation of pregnancy to five months after childbirth, employees injured at work for a period after return, union leaders, and elected members of the internal accident prevention commission. Some collective agreements in Santa Catarina may grant pre-retirement stability or other protections. Dismissals in these cases can lead to reinstatement or indemnity.

Is union homologation of termination still required

Since the 2017 reform, termination does not need to be homologated at the union, regardless of length of service. However, many employers and employees still use union or professional assistance to review calculations and documents, and some collective agreements may require specific procedures.

Do collective layoffs require prior negotiation with the union

The Supreme Court decided that prior negotiation is not a legal requirement for collective dismissals, but companies should inform and engage in good faith, and must comply with any procedures set out in the applicable collective agreement. Planning, documentation, and social measures can reduce litigation risk.

Additional Resources

Ministry of Labor and Employment - Superintendence in Santa Catarina for inspections, guidance, and administrative procedures.

Regional Labor Court of the 12th Region - Labor Courts and conciliation centers responsible for Santa Catarina cases.

Labor Prosecution Service - Regional Office in Santa Catarina for collective labor rights and serious violations.

State Employment System SINE Santa Catarina - Public employment services and unemployment insurance assistance.

Local unions and employer syndicates in the Greater Florianopolis area - Collective agreements, wage floors, and dispute assistance.

SEBRAE Santa Catarina - Guidance for small and medium businesses on labor compliance and HR practices.

CAIXA - FGTS management, guidance on deposits, fines, and employee withdrawals.

Next Steps

Step 1 - Identify your issue clearly. If you are hiring, list the job role, work location or telework, hours, compensation, and any collective agreement that applies. If you are terminating, note the reason, employee tenure, vacation and 13th balances, and any potential stability protections.

Step 2 - Gather documents. Typical items include identification and CTPS digital data, pay slips, time records, benefits statements, eSocial events, medical exam records, and the employment contract and any amendments. For termination, prepare draft calculations and the TRCT and FGTS documents.

Step 3 - Consult a labor lawyer familiar with Santa Catarina practice. Ask about the applicable state wage floor, local collective agreement clauses, and the correct eSocial and FGTS procedures. For employees, request a review of calculations and an assessment of any stability or overtime claims.

Step 4 - Implement or correct processes. For hiring, update contracts, privacy notices, and health and safety programs. For termination, issue payments on time, deliver required documents, and record the termination correctly. Consider a settlement agreement when appropriate, observing legal requirements.

Step 5 - Mind deadlines. Labor claims generally must be filed within two years after the end of employment, covering up to five years of prior rights. Administrative filings such as eSocial events and FGTS payments have strict deadlines that trigger penalties if missed.

This guide is informational and not a substitute for legal advice. A qualified labor lawyer in Palhoca or the Greater Florianopolis region can provide tailored guidance for your specific situation.