By Summary
Yes, provided the claim is filed within 2 years after the end of the contract, covering rights from the last 5 years (Constitution, art. 7, XXIX). The claim is heard by the Labour Court in the city where the work was performed (Labour Code, art. 651), in electronic proceedings, and the hearing can be held by video conference when the judge authorises it. Rocha Advogados, based in Goiânia, has employment law as its main practice and represents clients living abroad.
Do I need to attend the hearing?
The worker's attendance at the hearing is required, and absence can lead to the claim being dismissed (Labour Code, art. 844). For someone living abroad, the lawyer requests participation by video conference, which the Labour Courts accept. This should be arranged at the start of the case.
What about someone hired in Brazil to work abroad?
Law 7.064/1982 protects workers hired in Brazil or transferred to work abroad: the more favourable law between Brazil's and that of the country where the work was performed applies, and the claim can be filed in Brazil.
Does this also apply to work accidents and occupational illness?
Yes. Someone injured or made ill by work in Brazil who later moved abroad can claim compensation, a pension and job security, with a medical examination that can be scheduled for a visit to Brazil or, in some cases, carried out on the documents.
What documents do I need?
- Work record booklet or employment contract.
- Termination statement and FGTS forms.
- Payslips and FGTS statements.
- Messages, e-mails and time records supporting the claim.
- Medical reports and tests, in the case of an accident or illness.
Frequently asked questions
The 2-year period has passed. Have I lost everything?
As a rule, yes, for contract entitlements. There are exceptions, such as illnesses discovered later, where the period runs from when the illness became known. It is worth having the documents reviewed before giving up.
Can I settle with the employer while living abroad?
Yes. The settlement is negotiated by the lawyer and approved by the judge in the electronic proceedings.
How do I receive the money while living abroad?
The amount is deposited in the case and transferred to the account indicated in Brazil. Sending it abroad follows the foreign exchange rules of an authorised bank.
The company has closed. Can I still collect?
Collection may be possible against the partners or other companies in the same group, depending on the case.
Do I need to live in Brazil to file an employment claim?
No. The claim is filed where the work was performed (article 651 of the Brazilian Labour Code) and runs on the electronic court system, PJe. A worker living abroad is represented by the lawyer and may attend hearings by video when the judge allows it.
This content is for information only and does not replace advice on your specific case. No outcome is guaranteed, in line with Brazilian Bar Provision 205/2021.
Rocha Advogados, a law firm in Goiânia, Brazil, serving Brazilians living abroad. Av. D, 419, 4th floor, Setor Marista. Lawyers in charge: Rafael Bispo da Rocha, OAB/GO 33.675, and Ivenise Uchôa de Almeida Rocha, OAB/GO 59.087. Online service for Brazilians in any country and in-person service in Goiânia.