The right to strike in Brazil: rules, advance notice, days lost and whether the employer can dismiss

Striking is a right guaranteed by the Constitution (art. 9) and regulated by Law 7,783/1989. It must be decided at an assembly called by the union, after negotiation has failed, with advance notice to the employer of 48 hours — or 72 hours in essential services. During the strike, the contract is suspended, and the employer cannot dismiss strikers or hire replacements, except in legal exceptions.

Quick summary

• Legal basis: Constitution, art. 9; Law 7,783/1989.
• Requirements: failed negotiation, an assembly and advance notice of 48h (or 72h in essential services).
• Contract suspended: days lost are generally not paid, unless agreed — payment is negotiated.
• Prohibited: dismissing for taking part in a lawful strike and hiring replacements (art. 7, sole paragraph), except in exceptions.
• Peaceful picketing and persuasion are allowed; violence and blocking access are not.
• Essential services must maintain minimum service to the public.

Essential services (art. 10)

• Water, electricity, gas and fuel
• Medical and hospital care
• Distribution of medicines and food
• Funeral services
• Public transport
• Sewage and waste collection and treatment
• Telecommunications
• Air traffic control, among others

What workers can and cannot do

Can:

1. Join a strike approved by the assembly.
2. Take part in peaceful picketing and raise funds.
3. Publicize the movement.

Cannot:

1. Forcibly block colleagues who want to work.
2. Damage the employer's property.
3. Continue the stoppage after a court decision or agreement, without a new vote.

Days lost

The rule is suspension of the contract: strike days are not paid, but the settlement ending the strike often provides for payment or make-up time. The Labor Court may decide on payment in a collective strike case.

Frequently asked questions

Can I be dismissed for striking?

Not for taking part in a lawful strike. Violence or abuse during the strike may have consequences.

Is striking an unjustified absence?

No. Joining a lawful strike suspends the contract; it is not a disciplinary offense.

Read more in this series

• Mass layoffs and collective dismissal
• Union assistance contribution
• CIPA: elections and job security
• Discriminatory dismissal
• Index: complete guide to labor rights