CLT worker rights in Brazil: complete 2026 guide

*Workers with a formally registered job (carteira assinada) are entitled, among other things, to the minimum wage, a working day of up to 8 hours and a week of up to 44 hours, overtime paid at +50%, vacation with an extra 1/3, the 13th salary and 8% FGTS.* These rights are set out in the Constitution (art. 7) and in the Consolidated Labor Laws (CLT).

Quick summary

• National minimum wage in 2026: R$ 1,621.00 (Decree 12,797/2025).
• Standard hours: 8h/day and 44h/week, falling to 42h and then 40h with the end of the 6x1 schedule.
• Overtime: at least +50%.
• Vacation: 30 days + 1/3 every 12 months.
• FGTS (Severance Indemnity Fund): 8% of salary, deposited every month.

Who is a CLT employee

An individual who works personally, on a regular (non-occasional) basis, under subordination and for a salary (arts. 2 and 3 of the CLT). If these elements are present, there is an employment relationship — even if the company calls it "PJ" (contracting through a company), "freelance" or "partnership". The registration must appear in the Digital Work Card, available in the app or on gov.br.

Table of essential rights

• Minimum wage — How it works: R$ 1,621.00/month in 2026 (R$ 7.37/hour over 220h) · Legal basis: Constitution, art. 7, IV
• Working hours — How it works: Up to 8h per day and 44h per week · Legal basis: Constitution, art. 7, XIII; CLT, art. 58
• Overtime — How it works: Minimum supplement of 50%; limit of 2 extra hours/day · Legal basis: Constitution, art. 7, XVI; CLT, art. 59
• Meal break — How it works: At least 1h for shifts over 6h; 15 min for shifts between 4h and 6h · Legal basis: CLT, art. 71
• Rest between shifts — How it works: At least 11 consecutive hours · Legal basis: CLT, art. 66
• Paid weekly rest — How it works: 24 consecutive hours, preferably on Sundays · Legal basis: Constitution, art. 7, XV; Law 605/1949
• Vacation — How it works: 30 days + 1/3 after 12 months; can be split into up to 3 periods · Legal basis: Constitution, art. 7, XVII; CLT, arts. 129–134
• 13th salary — How it works: 1/12 of pay for each month worked · Legal basis: Law 4,090/1962
• FGTS — How it works: Monthly deposit of 8% · Legal basis: Law 8,036/1990
• Night-work supplement — How it works: At least 20% (urban work, 10 p.m.–5 a.m.; night hour of 52min30s) · Legal basis: CLT, art. 73
• Unhealthy-conditions supplement — How it works: 10%, 20% or 40%, depending on the degree · Legal basis: CLT, art. 192
• Hazard pay — How it works: 30% of base salary · Legal basis: CLT, art. 193
• Transportation voucher — How it works: Maximum deduction of 6% of base salary · Legal basis: Law 7,418/1985
• Maternity leave — How it works: 120 days (180 at companies in the Empresa Cidadã program) · Legal basis: Constitution, art. 7, XVIII
• Paternity leave — How it works: 5 days (20 under Empresa Cidadã) · Legal basis: ADCT, art. 10, §1
• Notice period — How it works: 30 days + 3 days per year worked, up to 90 days · Legal basis: Law 12,506/2011

Note: your category's collective agreements may set higher minimum pay and supplements. Check with your union.

Overtime: how to calculate

1. Work out your hourly rate: salary ÷ 220 (for a 44-hour week).
2. Multiply by 1.5 (50% supplement) — or by the collective agreement's percentage, if higher.
3. Multiply by the number of overtime hours in the month.
4. Regular overtime is also reflected in vacation pay, the 13th salary, FGTS and weekly rest.

Example: salary of R$ 2,200 → hourly rate of R$ 10.00 → overtime hour of R$ 15.00 → 10 overtime hours = R$ 150.00 in the month.

Hour bank

An hour bank can replace overtime pay with time off. Under a written individual agreement, compensation must happen within 6 months; under a collective agreement, within 1 year (art. 59, §§2 and 5). Hours not compensated within the period must be paid as overtime.

How to check that your rights are being paid

1. Check your Digital Work Card: hiring date, job title and salary.
2. Track your FGTS in the Caixa app — deposits should appear every month.
3. Compare your payslips with your time records (companies with more than 20 employees must keep time records — art. 74, §2).
4. Keep messages and emails that show work outside your hours.
5. If something is wrong, contact the union, file a complaint with the Ministry of Labor on gov.br or consider a labor claim.

Frequently asked questions

What is the minimum wage in 2026?

R$ 1,621.00 per month, set by Decree 12,797/2025, in force since January 1, 2026. Some states have a higher regional minimum.

Can my employer force me to work overtime?

As a rule, overtime depends on agreement and is limited to 2 hours per day, with exceptions for compelling need (art. 61 of the CLT).

Can I sell part of my vacation?

Yes. You can convert 1/3 of your vacation into a cash allowance (abono pecuniário) if you request it at least 15 days before the end of the accrual period (art. 143).

Does someone hired as "PJ" who works like an employee have CLT rights?

If personal service, regularity, subordination and salary are present, the Labor Court can recognize the employment relationship with all its rights.

How long do I have to claim unpaid rights?

Up to 2 years after the end of the contract to file a claim, covering the last 5 years (Constitution, art. 7, XXIX).

Read more in this series

• Temporary work: rights, deadlines and rules
• Labor Court: how it works and how to file a claim
• Jus postulandi: how to sue without a lawyer
• Severance pay: what you receive for each type of dismissal
• Index: complete guide to labor rights