Temporary work in Brazil: rights, deadlines and rules (2026 guide)

Temporary work is a contract in which a temporary staffing agency hires you and places you at another company (the client company) for up to 180 days, extendable for another 90. It is governed by Law 6,019/1974 and guarantees rights such as pay equivalent to permanent staff, FGTS, and proportional vacation and 13th salary.

Quick summary

• Applicable law: Law 6,019/1974, amended by Law 13,429/2017 and regulated by Decree 10,060/2019.
• Maximum term: 180 days, consecutive or not, + a single extension of up to 90 days.
• The contract must be in writing, and the temporary status must be recorded in the work card (physical or digital).
• Cooling-off period: after the maximum term, you can only return to the same client company as a temporary worker after 90 days.
• The client company is secondarily liable for labor amounts owed for the period.

What temporary work is

It is a three-party relationship: you (the worker), the temporary staffing agency (which registers you and pays your salary) and the client company (where you actually work). The law only allows this type of hiring in two situations (art. 2 of Law 6,019/74):

• Temporary replacement of permanent staff — covering vacation, maternity leave, medical leave and so on.
• Additional demand for services — an unforeseeable increase in work or, if foreseeable, one that is intermittent, periodic or seasonal (e.g., Christmas, harvest).

It is prohibited to hire temporary workers to replace workers on strike, except in cases provided by law (art. 2, §1).

How long a temporary contract can last

• Initial maximum term — Term: 180 days, consecutive or not · Legal basis: Art. 10, §1
• Extension — Term: Up to 90 days, only once, if the conditions that justified the hiring continue · Legal basis: Art. 10, §2
• Total possible length — Term: 270 days · Legal basis: Art. 10, §§1 and 2
• Cooling-off period for a new contract at the same client company — Term: 90 days after the end of the previous one · Legal basis: Art. 10, §5
• Probationary contract — Term: Does not apply to temporary work · Legal basis: Art. 10, §4

Note: if the 90-day cooling-off period is not respected, the law provides for recognition of an employment relationship with the client company (art. 10, §6).

Rights of the temporary worker

Art. 12 of Law 6,019/74, together with the Constitution, guarantees:

• Pay equivalent to that of employees in the same category at the client company;
• A working day of up to 8 hours, with overtime paid at a minimum 50% supplement;
• Proportional vacation + 1/3 and a proportional 13th salary;
• Paid weekly rest and the night-work supplement;
• FGTS (the Severance Indemnity Fund) of 8% deposited monthly;
• Social security coverage (INSS, the National Social Security Institute) and work accident insurance;
• The same medical, outpatient and meal services as the client company's employees (art. 9, §2);
• Recording of the temporary status in the Work Card.

What a temporary worker usually does not receive

Because the end of the contract is set from the start, a normal ending involves no notice period and no 40% FGTS penalty. The worker can withdraw the FGTS balance for the period. Unemployment insurance is generally not due when the term simply ends, because the benefit requires a dismissal without cause.

Who pays if the staffing agency does not

The client company is secondarily liable for labor obligations for the period you worked for it (art. 10, §7). In other words: if the staffing agency does not pay, the client company can be called on to pay. If the staffing agency goes bankrupt, the client company becomes jointly liable for wages, social security contributions and indemnities (art. 16).

Step by step: how to check that your contract is correct

1. Ask for a copy of the written contract — it must state the reason for hiring, the term and the temporary worker's rights (arts. 9 and 11).
2. Check your Digital Work Card (app or gov.br): the entry must show a temporary contract with the staffing agency as employer.
3. Check your FGTS deposits in the Caixa FGTS app, month by month.
4. Compare your salary with that of someone doing the same job at the client company.
5. Note the dates: start, extension and end. Add up non-consecutive days if there is more than one contract.
6. Keep evidence: payslips, messages, ID badge, schedules and emails.

What to do if the law was not followed

You can ask the company to fix the situation, contact your category's union, file a complaint with the Ministry of Labor and Employment on gov.br or bring a labor claim. Remember the deadline: 2 years after the end of the contract to file. See how it works in the guide Labor Court: how it works and, if you want to act without a lawyer, in Jus postulandi.

Frequently asked questions

Do temporary workers get FGTS?

Yes. The 8% deposit is mandatory, and the balance can be withdrawn at the end of the contract.

Can a temporary contract exceed 270 days?

No. The limit is 180 days plus one extension of up to 90. After that, a new temporary contract at the same client company is only possible after 90 days.

Are temporary workers entitled to a notice period?

Not when the term ends normally. Early terminations must be analyzed case by case.

Is the company where I work (the client company) my employer?

No. The employer is the staffing agency. The client company is secondarily liable for amounts owed for the period and may have an employment relationship recognized if the law is breached.

Does a temporary contract have a probationary period?

No. Law 6,019/74 itself excludes the probationary contract for temporary work.

Read more in this series

• CLT worker rights: complete guide
• 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