Home office and remote work in Brazil: rights, equipment and overtime

*Remote work (teletrabalho, or home office) is the provision of services outside the employer's premises, predominantly or not, using technology. Under the CLT (Brazil's Consolidated Labor Laws), it must be stated in the contract, can be based on hours (with overtime rights) or on output, and the written contract must say who supplies and pays for equipment and expenses.*

Quick summary

• Rules in arts. 75-A to 75-F of the CLT, amended by Law 14,442/2022.
• By hours: time is tracked and there is a right to overtime.
• By output or task: not subject to working-hour controls (art. 62, III).
• Equipment and expenses: set in a written contract (art. 75-D); what the employer supplies is not salary.
• Return to the office: at the employer's decision, with a 15-day transition (art. 75-C, §2).
• Priority for parents of children up to 4 years old and people with disabilities (art. 75-F).

By hours vs. by output

• Remote work by hours — Time tracking: yes · Overtime: yes · Example: customer service with fixed hours
• Remote work by output or task — Time tracking: no · Overtime: no · Example: delivering projects on demand

What the contract should include

1. The remote work status and the type (hours or output).
2. Who supplies the equipment (computer, chair, internet) and who pays the expenses.
3. The reimbursement rules, if any.
4. The rules for contact hours and disconnection.

Rights that stay the same

• Salary, vacation + 1/3, 13th salary, FGTS (the Severance Indemnity Fund) and all CLT rights.
• Health and safety: the employer must give guidance on ergonomics and disease prevention (art. 75-E).
• Apprentices and interns can also work remotely.
• The end of the 6x1 schedule also applies to people working from home on an hours basis.

Step by step if there are problems

1. Ask for the contract amendment covering remote work, if you don't have one.
2. Record your hours (logins, messages, meetings) if you are on the hours-based arrangement.
3. Keep receipts for expenses and what was agreed about reimbursement.
4. Negotiate in writing; if not resolved, contact the union or the Labor Court.

Frequently asked questions

Does my employer have to pay for my internet?

The law requires the written contract to define who bears the cost of equipment and expenses. Check the contract and your category's collective agreement.

Do home office workers get overtime?

Yes, if the remote work is hours-based. Under the output- or task-based arrangement, there is no working-hour control.

Can my employer make me return to the office?

Yes, with a minimum 15-day transition period, recorded in a contract amendment.

Read more in this series

• Overtime: how to calculate it, limits and how to claim unpaid hours
• CLT worker rights: complete guide
• End of the 6x1 schedule: what changes in working hours and when
• Evidence in a labor case: how to gather and organize it
• Index: complete guide to labor rights