Unpaid trial days in Brazil: are they allowed?
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Working one or more unpaid "trial days" is not allowed: work performed must be paid. When it becomes employment and how to claim.
There is no such thing as an unpaid "trial day" under Brazil's CLT. If the person performs the company's real work, such as serving customers, cooking or selling, that time is work and must be paid. To assess candidates safely, the law provides for a probationary contract, registered from day one and lasting up to 90 days.
Quick summary
- Short practical test: a selection exercise, with no real output for the company, is acceptable.
- Real work without pay: irregular, must be paid.
- Several "trial" days: may establish employment from day one.
- Legal alternative: a registered, paid probationary contract.
- Evidence: messages arranging the trial, photos, schedules and witnesses.
Selection test vs. work
| Situation | Is it work? | | --- | --- | | Taking a test or solving a fictional case | No | | A supervised demonstration of 1 to 2 hours | As a rule, no | | Working a shift serving real customers | Yes | | Several days following a schedule and orders | Yes, may be employment |
How to claim
- Keep the conversation in which the "trial" was arranged.
- Note the days, hours and what you did.
- Ask the company for payment.
- If it does not pay, claim in the Labor Courts; if the "trial" lasted days, you can ask for the employment to be recognized with the rights for the period.
Frequently asked questions
I did a 3-day trial and was not hired. Am I entitled to pay?
Yes, if you actually worked for the company. The amount should match the job's salary for the days worked.
Can the employer hire me on probation without a signed work card?
No. A probationary contract must be recorded on the work card from day one.
Is an unpaid trial a crime?
As a rule it is a labor irregularity, not a crime. Report it to the Ministry of Labor if the practice is frequent.
Read more in this series
- Probationary contracts
- Working without a signed work card
- Job interviews: what employers cannot ask
- Index: complete guide to labor rights
Topic: this guide is part of Types of employment contract, with all the guides on the subject.
Official sources consulted
Informational content, updated in October 2026. This does not replace an individual analysis of your case.
Informational content produced by the Human Case editorial team based on official public sources. Does not replace individual advice.
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