On-call standby in Brazil: does a company phone outside working hours give the right to pay?
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Being at the employer's disposal outside working hours, with restricted freedom, is standby and must be paid at 1/3 of the normal hourly rate. What TST Precedent 428 says, the difference from readiness and the right to disconnect.
*Standby (sobreaviso) is time when the employee, outside working hours, remains at the employer's disposal waiting to be called, with their freedom of movement restricted. It must be paid at 1/3 of the normal hourly rate (CLT, art. 244, §2, applied by analogy — the CLT is Brazil's Consolidated Labor Laws). Merely using a company phone or laptop does not amount to standby; there must be control or an on-call schedule (TST Precedent 428 — the TST is the Superior Labor Court).*
Quick summary
- Standby: at home or wherever reachable, waiting for a call → 1/3 of the normal hourly rate.
- *Readiness (prontidão): on the employer's premises, awaiting orders → 2/3 of the normal hourly rate* (art. 244, §3).
- If called in: hours actually worked are paid as overtime.
- A company phone alone is not enough; there must be an on-call schedule or remote control that restricts freedom.
- Constant messages outside working hours may generate overtime and affect rest.
Examples
- A technician on an on-call rota who must respond to calls within 30 minutes → standby.
- A manager who receives occasional messages and answers when they like → generally not standby.
- An IT professional with a weekly on-call rota who must stay sober and near a computer → standby.
How to calculate
Example: normal hourly rate of R$ 30. A 40-hour standby rota in the month → 40 × R$ 30 ÷ 3 = R$ 400. If called in for 5 hours, those 5 hours are paid as overtime (at least 50%).
Right to disconnect
Even without formal standby, frequent demands by WhatsApp and email outside working hours may amount to extra work and affect rest between shifts. Keep screenshots with date and time.
Frequently asked questions
Do I have to answer the company phone on weekends?
If there is no paid on-call rota, you are not required to remain available.
Is standby pay included in the 13th salary and vacation?
When regular, it is part of pay for knock-on effects, according to the prevailing view.
Read more in this series
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.
Poll
Did you know being on call by phone can give the right to 1/3 of the normal hourly rate?
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