Volunteer work in Brazil: Law 9,608 rules and when it becomes employment

Volunteer work is unpaid activity by an individual for a public body or a private non-profit institution with civic, cultural, educational, scientific, recreational or welfare goals (Law 9,608/1998). It requires a written agreement and creates no employment relationship. A for-profit company that calls workers "volunteers" may have to recognize the employment.

Quick summary

• Who may have volunteers: public bodies and non-profit organizations.
• Signed agreement: mandatory, stating the work and its conditions.
• Reimbursement: proven expenses, such as transport and food, can be reimbursed.
• No salary: a fixed payment for the service means it is not volunteering.
• Employment risk: rigid hours, subordination and disguised pay can create employment.

When volunteering is irregular

1. The organization is for-profit or uses the "volunteer" in its business.
2. There is a fixed monthly payment called an "allowance" without real expenses.
3. The volunteer works set hours, takes orders like an employee and replaces staff.
4. There is no signed agreement.

Tips for volunteers

• Read and keep the signed agreement.
• Ask for reimbursement only of proven expenses.
• Check whether the organization provides accident insurance, especially for risky activities.

Frequently asked questions

Can volunteers receive any money?

They can be reimbursed for proven expenses authorized by the organization. Payment for the service is not allowed.

Can a company have volunteers?

Companies can encourage their employees to volunteer at organizations. Using unpaid "volunteers" in their own business is irregular.

Does volunteer work count toward retirement?

Not automatically. To count time, a person can contribute to the INSS as an optional contributor.

Read more in this series

• Working without a signed work card
• Unpaid trial days
• Internships
• Index: complete guide to labor rights

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