Rural workers' rights in Brazil under Law 5,889/1973

Rural employees have the same constitutional rights as urban workers, such as a signed work card, minimum wage, 13th salary, vacation, FGTS and unemployment insurance, plus rules of their own under Law 5,889/1973: a 25% night premium, night hours from 9 p.m. to 5 a.m. in crop farming and 8 p.m. to 4 a.m. in livestock, and caps on housing and food deductions.

Quick summary

• Who is rural: anyone working for an employer running an agro-economic activity on rural property.
• Night premium: 25%, with no shortened night hour.
• Night hours: 9 p.m. to 5 a.m. (crops) and 8 p.m. to 4 a.m. (livestock).
• Deductions: up to 20% of the minimum wage for housing and up to 25% for food, if authorized.
• Harvest contract: a term tied to the harvest, with compensation at the end.

Hours and breaks

Working hours follow the constitutional limit, with a meal break according to local custom when the workday exceeds 6 hours. There are 11 hours of rest between workdays, and paid weekly rest applies.

Housing and food

With the employee's prior authorization, the employer may deduct up to 20% of the minimum wage for housing and up to 25% for "healthy and plentiful" food (Law 5,889, art. 9). For shared housing, the deduction is split among residents. When the contract ends, the employee has 30 days to vacate the house.

Harvest workers

A harvest contract lasts as long as the harvest or soil preparation. At the end, besides the usual amounts, the worker is entitled to FGTS and the other amounts of a fixed-term contract.

Frequently asked questions

Do rural workers get a higher night premium?

Yes. Rural workers receive 25% on the normal hour, versus 20% for urban workers, but without the shortened 52.5-minute night hour.

Can the employer deduct housing from my salary?

Yes, up to 20% of the minimum wage and with the employee's prior authorization. Without authorization, the deduction is improper.

Does a day laborer on a farm have the right to a work card?

If they work regularly, under subordination and are paid for it, there is a rural employment relationship, even when paid by the day.

Read more in this series

• Night shift premium: how to calculate it
• Working without a signed work card
• Fixed-term contracts: rules and early termination
• Index: complete guide to labor rights

Topic: this guide is part of Types of employment contract, with all the guides on the subject.