Leave for military service in Brazil: is your job protected? Rights of conscripted workers

Leave to perform mandatory military service cannot be a reason for dismissal or for changing the contract (CLT, art. 472 — the CLT is Brazil's Consolidated Labor Laws). The contract is suspended, the time counts toward compensation and job security, the employer keeps depositing FGTS, and the worker has the right to return if they notify the employer within 30 days after discharge.

Quick summary

• Guarantee: military service does not justify termination or changes to the contract (art. 472).
• Contract: suspended — the employer does not pay salary during the period, unless a more favorable rule applies.
• FGTS (the Severance Indemnity Fund): deposits continue during mandatory military service (Law 8,036/1990, art. 15, §5).
• Return: notify the employer, by telegram or registered letter, within 30 days after discharge (art. 472, §1).
• Excused absences: days for enlistment and military service requirements (art. 473).

Step by step

1. Notify the employer of the call-up in writing, with a copy of the military document.
2. Keep the receipt of the notice.
3. During service, track FGTS deposits in the app.
4. After discharge, notify your interest in returning within 30 days, by a method that proves sending.
5. Return under the same conditions, with any raises granted to the category in the period.

Points to watch

• The 30-day deadline is essential: missing it may weaken the right to return.
• Fixed-term contracts have their own rules; the period may not be counted if the parties agree (art. 472, §2).
• Dismissal right after returning may be challenged if there are signs of retaliation — see Discriminatory dismissal.

Frequently asked questions

Does the employer pay salary during military service?

As a rule, no, because the contract is suspended. A collective agreement may provide a supplement.

Can I miss work to enlist?

Yes. Absences to meet enlistment and military service requirements are excused — see Excused absences.

Does military service time count toward vacation?

The suspension period does not generate vacation, but earlier time is not lost.

Read more in this series

• Excused absences: when you can miss work without a deduction
• Job security: who is entitled
• FGTS: how to check it, when to withdraw and the 40% penalty
• Young apprentices: age, pay, working hours and rights
• Index: complete guide to labor rights