Transfer of workplace in Brazil: can the employer move you to another city? The 25% supplement

An employer cannot transfer an employee, without their consent, to a location other than the one in the contract when the move requires a change of residence (CLT, art. 469 — the CLT is Brazil's Consolidated Labor Laws). The exceptions are positions of trust, contracts that provide for transfer due to a genuine business need and closure of the establishment. On a temporary transfer, the employee receives a supplement of at least 25% of salary.

Quick summary

• Rule: a transfer requiring a change of residence needs the employee's consent.
• Exceptions: position of trust, a contractual clause with a genuine business need, closure of the establishment.
• Temporary transfer: a supplement of at least 25% while it lasts (art. 469, §3; TST SDI-1 Guideline 113 — the TST is the Superior Labor Court).
• Moving expenses: paid by the employer (art. 470).
• A move within the same city or without changing residence is not a transfer for these purposes.

When a transfer is abusive

• No demonstrated business need.
• Used as punishment or to force a resignation.
• With a salary reduction — see Salary reduction.
• For a worker with job security or a union officer (art. 543), without consent.

Changing site within the same city

There is no supplement, but the employer must cover increased transport costs — see Transportation voucher — and longer travel time may be discussed case by case.

How to act

1. Ask for the transfer order in writing, with the reason and duration.
2. If you disagree, record your refusal in writing.
3. On a temporary transfer, check the 25% supplement on your payslip.
4. Keep receipts for moving expenses for reimbursement.
5. An abusive transfer may justify constructive dismissal or a claim to annul it — the CLT provides for an injunction to stop illegal transfers (art. 659, IX).

Frequently asked questions

Can I be dismissed for refusing a transfer?

Without cause, the employer can dismiss, unless there is job security or discrimination. Refusing an illegal transfer is not serious misconduct.

Does a permanent transfer give a supplement?

No. The 25% supplement is owed only on temporary transfers.

Read more in this series

• Salary reduction: when the employer can reduce pay
• Constructive dismissal
• Transportation voucher: who is entitled
• Home office and remote work
• Index: complete guide to labor rights