Probationary contract in Brazil: term, extension and rights

*A probationary contract (contrato de experiência) lasts at most 90 days and can be extended only once within that limit (CLT, arts. 445 and 451 — the CLT is Brazil's Consolidated Labor Laws). If the employer ends it early without cause, it must pay compensation equal to half the salary that would have been owed until the end of the contract.*

Quick summary

• Maximum term: 90 days, including the extension.
• Extension: only once; a second extension turns the contract into an open-ended one.
• Ending on schedule: salary balance, proportional vacation + 1/3 and 13th salary, and FGTS withdrawal (FGTS is the Severance Indemnity Fund); no notice period and no 40% penalty.
• Early termination by the employer: compensation of half of the pay until the scheduled end (art. 479).
• Early departure by the worker: may have to compensate the employer's losses, within the limit of art. 480.
• Pregnant and injured workers have job security even during probation (TST Precedents 244 and 378 — the TST is the Superior Labor Court).

Examples

• 45 + 45-day contract: valid (one extension, 90 in total).
• 30 + 30 + 30-day contract: the second extension makes the contract open-ended.
• 60 + 45-day contract: exceeds 90, becomes open-ended.

Early termination clause

If the contract has a clause guaranteeing both parties the right to early termination (art. 481) and it is used, the rules for open-ended contracts apply, with a notice period, instead of the compensation in art. 479.

Step by step to check

1. Check the contract and the digital work card for the start, extension and end dates.
2. Add up the days: did it exceed 90 or have more than one extension?
3. If you were dismissed before the end, check whether the half-pay compensation was paid.
4. If you were pregnant or had an accident, see Job security.

Frequently asked questions

How long does a probationary contract last?

At most 90 days, including the extension.

I was let go at the end of probation. Do I get unemployment insurance?

When the term ends normally, generally not, because there is no dismissal without cause.

Does a pregnant worker on a probationary contract have job security?

Under TST Precedent 244, yes.

Read more in this series

• Severance pay: what you receive for each type of dismissal
• Job security: who is entitled and for how long
• Temporary work: rights, deadlines and rules
• Notice period: worked or paid in lieu, calculation and reduced hours
• Index: complete guide to labor rights