Global
Global Mobility Insights - Frühling / Spring 2024 ratifies Law 7.064/1982 application in other jurisdictions. Another notice point is that SLC interprets that international assignment involving companies embedded in a business global conglomerate is subject to Law 7.064/1982 provisions since the local employer (Brazilian branch) and the foreign company (usually the headquarter or other international branch) are deemed as a sole employee for labour purposes. In this case, both companies are deemed jointly liable for unpaid Brazilian employment rights. This means that a foreign company can be sentenced by a Brazilian Labour Court to pay employment rights for a Brazilian employee working abroad and even be enforced in its homeland in case both countries hold international treats governing enforcement legal procedures. As of 2022, Law 14.442 introduced section 75-B(8) to the Brazilian Labour Code stating that an employment agreement of an employee hired in Brazil, who chooses to work remotely outside the national territory shall be governed by the Brazilian legislation, except for the provisions of Law 7.064/1982, unless otherwise agreed by the parties. This was a good government measure to mitigate risks in case there is not actual corporate international assignment intent led by employers, but just an anywhere work policy enabling employees to enjoy work flexibility to handle personal interests. 3. International assignments involving foreign workers (services rendered within Brazil) and Visa requirements Neither Law 7.064/1982 nor the Brazilian Labour Code apply when a foreign company brings employees to work in Brazil; thus, the international assignment of a foreign worker rendering services in this country will be solely ruled by the employment laws of the country his/her employment agreement was signed in, and which is under execution, unless the international agreement states otherwise. And expressly assures Brazilian employment statutory rights while under international assignment. 40 convinus.com
Global Mobility Insights - Frühling / Spring 2024 The requirement to work within the Brazilian territory, therefore, will just rely on applying to the most suitable visa/work permit stated by Law. As of 2017, Law 13.445 and Decree 9.199 (Migration Law) provides for the rights and duties of migrants and visitors, stablishing general guidance and principles for public migrant policies in the country. Such provisions were supplemented by 41 Ordinances issued by the Ministry of Justice between 2017 and 2019, stating initial requirements, subsequent obligations, specific documents required, periods of stay, renewal procedures and legal status of egressed foreigners in the country. All cases are handled with emphasis on the residence permit and not the visa, as this is only the entry document into national territory. As a rule, the visa granted to immigrants is temporary, but there is no issue to entering the country with a visit visa and subsequently requesting a residence permit, which is why the visa is no longer relevant as of the Migration Law. The main visas stated by Law are summed-up as follows: Immigrant as a Company’s Officer (in relation to the company established in Brazil) Entrance Type of entrance visa: Temporary | Jurisdiction: Consular authority Stay Stay at the country: Residence permit | Jurisdiction: Ministry of Justice Immigrant Manager, director or executive (Officer) holding management powers to formal represent a company, group or economic conglomerate which makes foreign investment in a company established in Brazil with potential for generating jobs or income Requirements (1) Minimum external investment per appointed Officer in amounts equal to or greater than: (a) BRL 150,000, and Company’s commitment to, within 2 years, generate 10 new job positions; or (b) BRL 600,000 with no commitment compliance need (2) Company carrying out regulated business activities should comply with requirements set forth by the regulatory agency Permit extent Officer’s residence permit will last for an indefinite period convinus.com 41
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