Brazil is Latin America’s largest employment market and a strategic destination for global companies hiring across technology, engineering, finance, customer support, manufacturing, and shared services. While Brazil offers access to a deep and cost-effective talent pool, it also operates under one of the most employee-protective labour law systems in the world.
The probation period in Brazil—commonly implemented through a fixed-term trial contract—is strictly regulated under the Consolidation of Labour Laws (CLT). Probation is not informal, flexible, or employer-friendly by default. Mismanaging probation frequently results in illegal termination claims, mandatory severance payments, labour court disputes, and compliance penalties.
This 2026 guide explains how the probation period works in Brazil, employee rights during probation, termination rules, statutory limits, and how using an Employer of Record (EOR) in Brazil helps global companies hire compliantly without setting up a local entity.
What Is a Probation Period Under Brazilian Labour Law?
Unlike some countries where probation is a contractual clause, Brazil treats probation as a fixed-term employment contract known as a contrato de experiência. This structure is explicitly regulated under the CLT and subject to strict duration and termination rules.
Probation in Brazil exists to allow employers to assess employee suitability while still guaranteeing full labour protections. It does not reduce employee rights or remove severance obligations.
Legal Nature of Probation in Brazil
Under Brazilian labour law:
- Probation must be structured as a fixed-term experience contract
- The probation contract must be in writing
- Probation is allowed only once per employee
- Employee protections apply from day one
If probation is not correctly structured, the employee may be deemed permanent immediately.
Is Probation Mandatory Under Brazilian Labour Laws?
Probation is not mandatory in Brazil. Employers may choose to:
- Hire employees directly on permanent contracts, or
- Use a probationary experience contract
However:
- If probation is not documented correctly, it becomes invalid
- Employers lose the ability to terminate easily at the end of probation
- Courts interpret ambiguity in favor of employees
For international employers, incorrect probation structuring is a frequent compliance error.
Typical Probation Period Duration in Brazil
Brazilian labour law sets strict limits on probation duration, leaving little room for interpretation.
Standard Probation Length Under the CLT
Key statutory rules include:
- Maximum probation duration: 90 days
- Probation may be divided into two consecutive periods (e.g., 45 + 45 days)
- Total probation must not exceed 90 days
- Probation cannot be extended beyond this limit
Any probation exceeding 90 days automatically converts the employment into a permanent contract.
Salary and Benefits During Probation
During probation:
- Employees must receive the full agreed salary
- All statutory benefits apply, including:
- FGTS contributions
- INSS (social security)
- Paid weekly rest
- Vacation accrual
- 13th-month salary accrual
Probation does not allow reduced compensation or benefits.
Employee Rights During the Probation Period in Brazil
A common misconception is that probationary employees have fewer rights. In Brazil, this is incorrect. Employee protections apply fully and immediately.
Statutory Rights That Apply During Probation
Employees on probation are entitled to:
- Minimum wage compliance
- FGTS deposits
- INSS coverage
- Overtime pay and working hour limits
- Paid public holidays
- Workplace safety protections
- Protection against unlawful termination
Brazilian labour courts strongly enforce these rights.
Probation and Contract Enforceability
Even during probation:
- The employment contract is fully enforceable
- Employees may file labour claims
- Employers bear the burden of proof in disputes
Brazil’s labour courts generally favor employees in ambiguous cases.
Termination During the Probation Period in Brazil
Termination during probation is legally permitted but carries important financial and procedural consequences.
Can Employers Terminate During Probation in Brazil?
Yes, employers may terminate during probation. However:
- Early termination without just cause triggers partial severance obligations
- Termination must comply with CLT rules
- Improper termination increases legal exposure
Probation does not eliminate termination costs.
Severance and Notice Implications
If the employer terminates probation early:
- The employee may be entitled to:
- Half of the remaining contract wages
- Accrued benefits
- FGTS deposits (without the 40% fine, in most cases)
If probation ends naturally:
- No termination penalty applies
- Employment ends automatically unless continued
Misunderstanding this distinction often leads to disputes.
Common Employer Mistakes That Lead to Labour Claims
Frequent errors include:
- Exceeding the 90-day limit
- Improper contract wording
- Assuming probation allows cost-free termination
- Failing to pay accrued benefits
These mistakes regularly result in labour court claims.
Managing Performance During the Probation Period in Brazil
Although Brazilian law does not mandate formal performance improvement plans, structured probation management significantly reduces risk.
Using Probation as a Performance Evaluation Period
Best-practice employers:
- Clearly define job expectations at onboarding
- Monitor performance during probation
- Document performance feedback
- Address issues early
Proper documentation supports lawful termination decisions if needed.
Confirming or Ending Employment After Probation
At the end of probation:
- Employment ends automatically unless extended or confirmed
- Employers should formally confirm permanent employment in writing
- Once confirmed, termination triggers full severance protections
Clear communication avoids future disputes.
Probation Risks for Global Companies Hiring in Brazil
Brazil’s labour law framework presents significant challenges for international employers unfamiliar with its complexity.
Why International Employers Struggle With Brazilian Probation Rules
Common challenges include:
- Misunderstanding probation as informal
- Ignoring severance obligations
- Incorrect contract structuring
- Lack of local payroll and HR expertise
Brazil’s labour courts strictly enforce CLT provisions.
How Employer of Record (EOR) Models Reduce Probation Risk in Brazil
An Employer of Record model allows global companies to hire employees in Brazil while transferring employment compliance responsibilities to a local expert.
Using an EOR in Brazil enables companies to:
- Hire without setting up a Brazilian legal entity
- Use CLT-compliant employment contracts
- Structure lawful probation periods
- Manage payroll, taxes, and benefits
- Execute compliant terminations
EOR services significantly reduce legal, financial, and operational risk.
How Asanify Helps Manage Probation Periods in Brazil
Asanify provides end-to-end Employer of Record services in Brazil, supporting global companies across hiring, probation, and compliance.
With Asanify, companies can:
- Hire in Brazil without entity registration
- Use legally vetted, Brazil-compliant contracts
- Manage probation documentation
- Ensure compliant payroll, FGTS, and INSS
- Execute lawful terminations
- Stay aligned with Brazilian labour law updates
Asanify enables confident, compliant hiring in Brazil.
Key Takeaways for Employers Hiring in Brazil
Probation in Brazil is a strictly regulated fixed-term employment phase, not a low-risk trial period. Employee rights apply from day one, and early termination may trigger severance obligations. Employers must carefully manage probation duration, documentation, and payroll compliance. Partnering with an EOR like Asanify allows global companies to hire in Brazil safely and compliantly.
Frequently Asked Questions
What is the probation period in Brazil under labour law?
It is a fixed-term experience contract governed by the CLT.
How long is a probation period in Brazil?
The maximum probation period is 90 days.
Can an employee be terminated during probation in Brazil?
Yes, but early termination may trigger severance payments.
Do probationary employees have full rights in Brazil?
Yes. All statutory labour protections apply from day one.
Is probation mandatory in Brazil?
No. Probation is optional but must follow strict legal rules if used.
Does FGTS apply during probation?
Yes. FGTS contributions are mandatory during probation.
How does an Employer of Record manage probation in Brazil?
An EOR ensures compliant contracts, payroll, benefits, and lawful termination.
Why should global companies use EOR services in Brazil?
To avoid entity setup, manage complex labour laws, and reduce legal risk.
Not to be considered as tax, legal, financial or HR advice. Regulations change over time so please consult a lawyer, accountant or Labour Law expert for specific guidance.