Global Mobility Insights NEWSLETTER Frühling / Spring 2024
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<strong>Global</strong> <strong>Mobility</strong> <strong>Insights</strong> - <strong>Frühling</strong> / <strong>Spring</strong> <strong>2024</strong><br />
ratifies Law 7.064/1982 application in other jurisdictions.<br />
Another notice point is that SLC interprets that international assignment involving<br />
companies embedded in a business global conglomerate is subject to Law<br />
7.064/1982 provisions since the local employer (Brazilian branch) and the foreign<br />
company (usually the headquarter or other international branch) are deemed as a<br />
sole employee for labour purposes.<br />
In this case, both companies are deemed jointly liable for unpaid Brazilian<br />
employment rights. This means that a foreign company can be sentenced by a<br />
Brazilian Labour Court to pay employment rights for a Brazilian employee working<br />
abroad and even be enforced in its homeland in case both countries hold<br />
international treats governing enforcement legal procedures.<br />
As of 2022, Law 14.442 introduced section 75-B(8) to the Brazilian Labour Code<br />
stating that an employment agreement of an employee hired in Brazil, who<br />
chooses to work remotely outside the national territory shall be governed by the<br />
Brazilian legislation, except for the provisions of Law 7.064/1982, unless otherwise<br />
agreed by the parties.<br />
This was a good government measure to mitigate risks in case there is not actual<br />
corporate international assignment intent led by employers, but just an anywhere<br />
work policy enabling employees to enjoy work flexibility to handle personal<br />
interests.<br />
3. International assignments involving foreign workers (services rendered<br />
within Brazil) and Visa requirements<br />
Neither Law 7.064/1982 nor the Brazilian Labour Code apply when a foreign<br />
company brings employees to work in Brazil; thus, the international assignment of<br />
a foreign worker rendering services in this country will be solely ruled by the<br />
employment laws of the country his/her employment agreement was signed in,<br />
and which is under execution, unless the international agreement states<br />
otherwise.<br />
And expressly assures Brazilian employment statutory rights while under<br />
international assignment.<br />
40<br />
convinus.com
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