Best Wage & Hour Lawyers in Pompeu

About Wage & Hour Law in Pompeu, Brazil

Wage and hour matters in Pompeu are governed primarily by national Brazilian labor law - especially the Consolidation of Labor Laws - CLT - plus constitutional protections and relevant federal regulations. Local employers and workers in Pompeu follow the same basic rules that apply across Brazil, but enforcement and practical assistance are provided through regional offices, labor courts and local unions. Common topics include pay calculations, overtime, breaks, minimum wage, vacation pay, 13th salary, FGTS deposits and correct classification of workers.

Why You May Need a Lawyer

Wage and hour disputes often involve technical rules, documentation requirements and strict deadlines. You may need a lawyer if you face any of the following situations:

• Unpaid wages, unpaid overtime or underpayment of hourly work.
• Termination without proper severance, or disputes about termination type - for example, dismissal without just cause versus with cause.
• Employer failed to deposit FGTS or make INSS contributions.
• Denial of legally required breaks, meal periods, or rest days.
• Misclassification - being treated as an independent contractor or MEI when you should be a formal employee under CLT.
• Disputes about holiday pay, vacation pay and the constitutional one-third vacation bonus.
• Problems with 13th salary payment or incorrect calculation.
• Collective bargaining or union-related conflicts that affect pay and conditions.
• Need to preserve evidence, prepare a labor claim or represent you in the Labor Court - Justiça do Trabalho.

Employment lawyers experienced in labor law can evaluate your situation, calculate potential claims, help collect evidence and represent you at administrative agencies or in court.

Local Laws Overview

Key legal aspects that typically affect wage and hour cases in Pompeu include the following:

• Primary law - CLT - The Consolidation of Labor Laws sets out most wage and hour rules for private-sector employees, including working hours, overtime, breaks, paid leave, and termination rights.
• Constitutional protections - The Federal Constitution guarantees labor rights such as minimum wage, paid vacations, 13th salary and limits on working hours.
• Minimum wage - The federal government sets a national minimum wage that is updated periodically. State or collective agreements can provide higher minima for specific sectors.
• Overtime - Time worked beyond the legal daily or weekly hours must usually be paid with an overtime premium - commonly 50% extra for overtime hours - unless the parties use a compliant time-banking or bank-of-hours system.
• Night work - Night hours normally receive an additional premium - commonly around 20% - and the night hour may be calculated as a reduced minute count for pay purposes under CLT rules.
• Breaks and rest - Laws require certain intervals for meal breaks and daily and weekly rest periods. Failure to provide required breaks may give rise to additional pay.
• Vacations and 13th salary - Employees are entitled to annual paid vacation plus a one-third vacation bonus, and a 13th salary typically paid in two installments.
• FGTS and INSS - Employers must deposit FGTS contributions and make INSS social security withholdings and payments. Noncompliance can lead to claims and liabilities.
• Statute of limitations - Labor claims have prescriptive rules. Generally, while employed, workers may claim up to five years of unpaid rights; after termination, there is commonly a two-year period to bring claims in the Labor Court. Courts can recognize amounts owed for up to five years prior to the filing date.
• Collective agreements - Collective bargaining agreements and union contracts can change or supplement statutory rules for specific sectors or workplaces, so those agreements are important evidence.
• Special categories - Domestic workers, rural workers and public servants have specific rules and protections. Self-employed workers, MEIs and contractors are outside CLT protections unless misclassification is proven.

Frequently Asked Questions

How do I know if I am an employee under the CLT or an independent contractor?

Courts look at the reality of the working relationship - degree of subordination, habituality, working hours, and economic dependence. If you work under the employer"s direction, follow set schedules and are economically dependent on a single payer, you may be a CLT employee even if labeled as a contractor. A lawyer can evaluate your facts and advise whether reclassification is possible.

How is overtime calculated and when am I entitled to it?

Overtime is typically due when you work beyond the legal daily or weekly limits established by CLT or by an applicable collective agreement. Overtime hours are usually paid with an extra premium - commonly 50% above the normal hourly rate - unless covered by a valid bank-of-hours agreement that compensates overtime with time off.

What can I do if my employer did not deposit FGTS or pay INSS contributions?

Missing FGTS or INSS payments are serious. You should gather pay stubs, payslips, bank statements and any contract or communication. A lawyer or union can help you file administrative complaints with the labor inspection body or pursue a claim in the Labor Court for payment and related penalties.

How long do I have to file a labor claim after being fired?

There are prescription rules that affect deadlines. Commonly, after employment ends you generally have two years to present a claim in the Labor Court, and courts can recognize owed amounts going back up to five years from the filing date. Because deadlines are strict, consult an attorney promptly.

Can I get paid for unpaid breaks or missed meal periods?

Yes. If your employer denied legally required meal or rest breaks, you may be entitled to additional pay for those periods. Evidence such as timesheets, witness statements, messages and workplace schedules will help support a claim.

What should I do if I was not given my 13th salary or vacation pay?

Collect all documentation - pay stubs, employment contract, termination notice and any communications. Contact your union, the local labor inspection authority or a labor lawyer to evaluate the claim and pursue administrative steps or a court action to recover unpaid amounts and possible penalties.

Are there free or low-cost legal options available in Pompeu?

Yes. You can often get guidance from your industry union - sindicato - and you may find legal clinics at universities or assistance from public bodies. The Ministério Público do Trabalho and labor inspection offices accept complaints. Some attorneys offer initial consultations at low or no cost, and labor lawyers frequently work on contingency-fee arrangements based on recovered amounts.

What evidence do I need to prove unpaid wages or overtime?

Useful evidence includes pay stubs, bank deposit records, time cards, point-of-entry systems, work schedules, WhatsApp or email messages, contracts, witness statements from colleagues and any formal communications with your employer. The more documentation you have, the stronger your claim will be.

Can I be fired for filing a labor complaint?

Retaliatory dismissal for asserting labor rights is unlawful. If you believe you were dismissed in retaliation for complaining, you should seek legal advice quickly. Labor courts can evaluate the circumstances and may provide remedies if retaliation is proven.

Should I try to settle with my employer or go to court?

Settlement can be an efficient solution when the employer is willing to negotiate fairly. A lawyer can help evaluate settlement offers, calculate your full entitlements and negotiate terms. If a fair settlement is not possible, filing a claim in the Labor Court may be necessary. Consider costs, timeline and the strength of your evidence when deciding.

Additional Resources

For assistance and more information in Pompeu, consider these types of organizations and public bodies:

• Local sindicato - your sector"s union can advise on rights, mediate disputes and help file complaints.
• Regional labor inspection - the regional office that handles labor inspections and administrative complaints in Minas Gerais.
• Ministério Público do Trabalho - handles collective labor issues and violations affecting groups of workers.
• Justiça do Trabalho - Labor Courts - file individual labor claims through the local Vara do Trabalho or the regional labor court - TRT-3 covers Minas Gerais.
• Defensoria Pública and university legal clinics - may provide free or low-cost legal guidance for eligible individuals.
• Consumer protection and worker assistance programs - municipal or state offices sometimes offer orientation services for workers.

Contact these institutions to learn about complaint procedures, documentation requirements and local offices available to residents of Pompeu.

Next Steps

If you believe your wage and hour rights have been violated, follow these steps to protect your claim and increase your chances of a successful outcome:

• Gather documents - collect pay stubs, bank statements, contracts, time records, messages and any communication with your employer.
• Make a timeline - record relevant dates - hiring, unpaid periods, dismissals, and any meetings or warnings.
• Seek preliminary advice - contact your union, a legal clinic or a labor attorney to review your situation and advise on deadlines and likely remedies.
• Preserve evidence - keep originals and copies of documents, and get witness names and contact details.
• Attempt administrative routes - file complaints with labor inspection bodies or the Ministério Público do Trabalho if appropriate.
• Consider negotiation - with legal advice, attempt a settlement if it offers fair compensation and full release of claims.
• File a claim if necessary - if negotiation fails, an attorney can file a labor claim in the Justiça do Trabalho on your behalf and represent you through hearings and appeals.
• Act quickly - respect prescription periods and internal deadlines for filing complaints.

Getting timely legal advice is important. A qualified labor lawyer or an experienced union representative in Pompeu can explain your rights, help calculate owed amounts and guide you through administrative and court procedures.