Labor Law: know and defend your rights
Work takes up a large part of our lives, and questions naturally arise: was the severance paid correctly? Were the overtime hours recorded? What should you do after an accident at work? Labor Law exists to balance this relationship and ensure that the effort of those who work is fairly recognized.
Our practice is focused on employees. We review documents, payslips and time records, explain clearly which rights may apply to your case and tell you honestly whether it is worth seeking a settlement or filing a claim in the Labor Courts.
Termination of employment and severance
In a dismissal without cause, the employee is usually entitled to the balance of salary, notice pay, accrued and proportional vacation plus one third, proportional thirteenth salary, release of the FGTS fund with a 40% fine and, if the requirements are met, unemployment insurance. Notice is proportional to length of service: it starts at 30 days and increases by three days per year worked, up to 90 days.
The company has ten days from the end of the contract to pay the severance amounts. Late payments, wrong calculations and FGTS deposits that were never made are common problems. We check the termination statement line by line and, if there are differences, pursue payment amicably or in court.
We also advise on resignations, termination agreements provided for in the CLT, constructive dismissal, when it is the employer who seriously breaches the contract, and dismissals for cause that may be challenged.
Working hours and overtime
The Constitution limits working hours to eight per day and 44 per week, and overtime must be paid with a premium of at least 50%. Breaks not granted, work on holidays, night-shift premium, on-call time and irregular hour banks may also result in amounts due.
Gathering evidence is essential: time records, messages, emails, schedules and witnesses help show the actual working hours. We explain what to keep from now on, even if you are still working for the company.
Workplace accidents and occupational diseases
Accidents at the workplace, on the commute in specific situations, and diseases caused or worsened by the work, such as repetitive strain injuries and back problems, may give rise to labor and social security rights. The company must issue the Workplace Accident Report, known as CAT.
An employee who receives an accident-related benefit generally has job security for twelve months after returning to work. Depending on the case, it is also possible to claim compensation for material, moral and aesthetic damages, as well as a pension when the ability to work is reduced.
Recognition of the employment relationship
Many people work without a signed work card, as service providers or through a company opened only to issue invoices. When personal service, regularity, pay and subordination are present, the relationship may be recognized as employment, with the right to vacation, thirteenth salary, FGTS and social security contributions.
Each situation is analyzed carefully, because not every hiring as a legal entity is irregular. We review contracts, routine and form of payment before recommending any step.
Social security benefits
Employment is directly linked to Social Security. We advise on temporary disability benefits, permanent disability retirement, accident benefits and the review of benefits denied or miscalculated by the INSS, both administratively and in court.
One point that often goes unnoticed is the National Register of Social Information, the CNIS, which records each worker's employment periods and contributions. Unregistered periods, under-reported wages and contributions missing from the system may reduce the value of a future benefit. Checking this record in advance makes it possible to fix errors before applying for retirement.
Deadlines: do not put it off
Employees have up to two years after the end of the contract to file a claim, and may recover rights from the last five years. After that period, the right to claim may be lost. That is why seeking advice soon after leaving the company makes a difference.
In the first conversation, you tell us what happened and we indicate which documents to gather. Next, we present in writing an analysis of the case, the risks involved and a fee proposal. Since the 2017 Labor Reform, whoever loses a claim may have to pay the other party's attorney fees, so we evaluate each request responsibly.
During the case, you follow hearings, deadlines and decisions through the client portal, with explanations in plain language. We do not promise results, but we guarantee serious analysis, transparency and dedication from start to finish.
