When a business brings new talent into its existing operations, a phase of mutual assessment can be useful for both parties. This period is called probation, which provides both the employer and the new employee with the opportunity to evaluate the suitability before a long-term commitment. An employer evaluates factors such as the employee’s skills and work ethic, and the employee assesses the job and the work environment.

In this guide, we will take a look at the probation periods in Brazil to find how they are regulated by the Brazilian labor laws. These precise legal provisions are for companies and individuals to comply with their obligations and rights during this initial assessment phase.

Definition of a Probation Period in Brazil

In Brazil, a probation period or a “período de experiência” is a specific type of fixed-term employment contract used to assess whether the employment relationship should continue. It is not an initial phase of an indefinite-term contract. The employer evaluates the new employee’s professional capabilities, adaptability to the work environment, performance, and fulfillment of job duties. The employee assesses the work conditions, management style, and overall job satisfaction to determine if the position aligns with their expectations and career goals or not.

This probationary period commences on the first day the employee begins work and is regulated by Article 445 of the Consolidated Labor Laws (Consolidação das Leis do Trabalho, or CLT). The contract should be documented in writing, with its duration and any permitted extension clearly stated. Unlike some jurisdictions where probation can be informal, in Brazil, it is a formal contractual arrangement. The period concludes through termination by either party or, if neither party terminates the contract, the employment relationship continues under an indefinite-term contract after the agreed term expires. The official consolidated text of the CLT sets out the rules governing fixed-term contracts, probationary contracts, and their duration.

Lengths of Probationary Periods in Brazil

The maximum legal duration for a probationary period in Brazil is 90 calendar days. It is not tied to the employee’s role or qualifications. A probationary contract is itself a fixed-term employment contract and must comply with the rules governing that contract type.

If an initial period is set at, for example, 30 days, any extension must ensure the combined duration does not go beyond the 90-day limit. The contract may be extended only once; a second extension causes it to be treated as an indefinite-term contract.

For example, a 30-day initial probation period can be extended for a maximum of an additional 60 days to reach the 90-day limit. The probationary contract should be recorded in writing, including the agreed duration and extension terms.

Permanent or Indefinite Contracts

A probationary contract is a fixed-term contract, rather than a probation phase within an indefinite-term contract. For the majority of new hires who are intended to be long-term employees, the maximum duration for this initial probationary period, regardless of the role, is 90 days and covers the entire assessment phase.

If, by the end of the 90-day maximum, neither party terminates the contract, the employment relationship continues indefinitely without the need for a new contract solely because the probationary term has expired. The employee’s continuity of service dates from their first day of probation.

Fixed-Term or Definite Contracts

The probationary period itself is a type of fixed-term contract, and it is different from other types of fixed-term contracts in Brazil, such as those for specific projects, seasonal work, or temporary replacements. A probationary contract is one legally recognized category of fixed-term contract, rather than an additional probation period that can be attached to another fixed-term contract.

Other fixed-term contracts generally have a maximum duration of two years and can only be extended once. If a fixed-term contract is extended more than once, it generally converts into an indefinite-term contract. A contract that exceeds the statutory maximum is also subject to the rules governing indefinite-term employment. If an employee is rehired by the same employer after a previous fixed-term contract, a new fixed-term contract is generally not permitted within six months, except where the statutory exceptions apply.

Legal Considerations for Probation Periods in Brazil

The framework governing probation periods in Brazil is dictated by the Consolidação das Leis do Trabalho, with interpretations from labor courts and collective bargaining agreements (CBAs). These rules protect the rights of workers and offer a defined period to assess a new hire.

During the probationary period, both parties are expected to act in good faith. The primary purpose is the mutual assessment of the employment relationship, not arbitrary termination.

Pay and Working Conditions

Employees under a probationary contract in Brazil are entitled to the same statutory employment rights applicable to other employees, subject to the rules governing their fixed-term contract. All employees must be paid at least the national minimum wage. The national minimum wage in Brazil is BRL 1,621 per month from January 1, 2026, under Decree No. 12,797/2025.

As of October 2026, Brazil’s ordinary maximum working week is transitioning from 44 to 42 hours under Constitutional Amendment No. 141 of October 16, 2026. The 42-hour limit takes effect two months after publication, on December 16, 2026. The maximum working week will fall to 40 hours 12 months after that first reduction, on December 16, 2027. The ordinary daily limit remains eight hours, subject to applicable exceptions and collective arrangements. The official constitutional amendment establishes these transition dates.

Overtime is compensated at a minimum of 50% above the normal hourly wage for hours worked beyond the normal schedule, subject to applicable legal and collective rules. Work on weekly rest days or public holidays generally requires compensatory time off or double pay when no compensatory day is provided, subject to the applicable rules. Work performed between 10 PM and 5 AM in urban employment is considered night work and must be compensated with an additional premium of at least 20% on the regular hourly wage. Different hours and premiums apply to certain agricultural and livestock work. The Brazilian Constitution establishes the minimum overtime premium of 50%, while the applicable labor legislation governs night work and rest periods.

For a workday exceeding six hours, a minimum one-hour meal/rest break is mandatory, subject to legally permitted exceptions and adjustments under applicable collective agreements. Employers are legally required to contribute 8% of the employee’s monthly salary to the employee’s individual FGTS account. This contribution is mandatory even during the probationary period. The official FGTS employer guidance provides information about the standard deposit obligation.

Both employers and employees contribute to the INSS. The standard employer social security contribution is generally 20% of the relevant payroll, but the effective employer burden varies according to the employer’s tax regime, activity, and applicable additional contributions. Employee contributions are progressive, ranging from 7.5% to 14% depending on income level. For 2026, the employee contribution bands apply progressively to monthly contribution salaries up to BRL 8,475.55. The INSS monthly contribution table effective January 2026 sets out the applicable salary bands and rates.

Termination and Notice

If the employer decides to terminate the employee without just cause before the probation period ends, the employer is obligated to pay:

  • Salary balance for days worked
  • Proportional 13th salary
  • Proportional vacation pay, plus the mandatory one-third vacation bonus
  • A termination fine equivalent to 40% of the applicable FGTS balance
  • Compensation generally equal to half the remuneration the employee would have received through the agreed contract end date, under Article 479 of the CLT, unless a contractual clause providing reciprocal early termination rights changes the applicable rules

The 40% FGTS fine and Article 479 compensation are distinct entitlements and should not be treated as interchangeable. The precise treatment depends on the contract terms and circumstances of termination.

If an employer terminates the employee for just cause disciplinary issues, the employee is generally entitled to the salary balance for days worked, while proportional 13th salary and proportional vacation pay are generally not payable under the applicable Brazilian labor-court rules. The employee is also generally not entitled to the 40% FGTS termination fine or to withdraw FGTS funds on the basis of that dismissal. The precise amounts depend on the termination circumstances and applicable legal rules.

Vacation / Holidays

Brazil has federal national holidays, as well as state and municipal holidays. The exact holidays applicable to an employee depend on federal law and the relevant local rules. If a public holiday falls during a worker’s probationary period, the worker is entitled to the day off with pay. If required to work on a public holiday, the employee generally must receive double pay unless compensatory time off is provided, subject to applicable law and collective arrangements.

Employees in Brazil accrue vacation after being employed for 12 months. This includes up to 30 consecutive days of paid annual leave, depending on legally counted absences, and a one-third vacation bonus. Vacation is normally taken during the subsequent 12-month period in accordance with the CLT.

Benefits of Probation Periods in Brazil

Probationary periods have many advantages in Brazil for employees and employers, and they include the following:

  • For Employees

Employees gain a formal and defined period to experience their new work environment.

Employees have a clear pathway to resign within the probationary period.

From day one, probationary employees get benefits, as permanent employees do.

  • For Employers

Employers can assess a worker’s performance, reliability, adaptability, and cultural fit.

If a new hire proves unsuitable for the role or the company culture, employers can terminate the employment contract more easily and with predefined compensation terms during probation.

The clear legal framework for probation in the CLT helps employers understand the applicable termination obligations and manage the employment relationship in accordance with Brazilian law.

Conclusion

Brazil represents a compelling market for international businesses, but handling its employee-protective labor laws and probationary periods is important for compliant and effective hiring. The Brazilian CLT provides a clear framework for these trial periods and sets a maximum duration of 90 days.

For international businesses without deep knowledge of Brazilian labor law, partnering with Remote People can be an invaluable strategic decision. We help you with the complexities of local employment and ensure your business meets all probationary period laws to make hiring new staff in Brazil a smoother process.

Frequently Asked Questions

No, a probation period is not mandatory for all employment contracts in Brazil. However, if an employer wishes to implement one, it must be explicitly agreed upon in writing within the employment contract.

The maximum legal duration for a probationary period in Brazil is 90 calendar days. This limit includes any single extension. For instance, an initial 30-day period can be extended by a maximum of 60 days, or a 45-day period by another 45 days, but the total cannot exceed 90 days.

During the probationary period, either the employer or the employee can terminate the employment agreement with more flexibility than after probation.

Yes. Probationary employees are entitled to most of the same fundamental rights and benefits as permanent employees under the CLT.