Overtime in Brazil

Overtime – over 44 hours a week.

Generally, all employees are entitled to overtime, which cannot be opt-out, exception are managers and remote workers (if the worker is excluded from working hours’ control).

The standard rate for is: + 50% of the regular hourly wage; on Sundays and public holidays: + 100% if the higher rate is not provided by applicable CBA.

It is not possible to make a fixed payment in lieu of overtime. Alternatively, employers can opt to provide compensatory time off in lieu of overtime pay. This must be specifically agreed on in writing between the employer and employee.

Exemption from OT payment is based not only on the remote status (there were changes in legislation) - not every remote employee will be excluded from OT payment. For remote employees,   the rules are:

General rule: employment based on working hours and timekeeping rules => entitled to overtime payment.

Exemption: employment based on fixed piece rates (e.g., per project or piecework) and exclusion from working hours, no time control => employee is not entitled to overtime payment.

Remote work in Brazil can also be on a hybrid basis, which should be stated in the contract.

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